Firm Orders Thereafter. Before and during the Initial Manufacturing Period, and on a rolling basis during the term of this Agreement, Client will issue an updated […***…] forecast on or before […***…]. The first […***…] of this updated forecast will be a firm order in the form of a purchase order or otherwise (“Firm Order”) by Client to purchase and, when accepted by Patheon, for Patheon to manufacture and deliver the agreed quantity of the Products on a date not less than […***…] from the […***…] immediately following the date that the Firm Order is submitted. Firm Orders submitted to Patheon will specify Client’s Manufacturing Services purchase order number, quantities by Product type, monthly delivery schedule, and any other elements necessary to ensure the timely manufacture and shipment of the Products. The quantities of Products ordered in those written orders will be firm and binding on Client and may not be reduced by Client unless otherwise provided in this Agreement.
Firm Orders Thereafter. Before and during the Initial Manufacturing Period, and on a rolling basis during the term of the Product Agreement, Client will issue an updated […***…] month forecast on or before the […***…] day of each month. This forecast will start on the first day of the next month. The first […***…] months of this updated forecast will be considered binding firm orders. But the initial order related to the launch of each Product will not be binding until the Client receives approval from the FDA to market the applicable Product. Concurrent with the delivery of the applicable forecast, Client will issue a firm written order for the first […***…] months of the forecast in the form of a purchase order or otherwise (“Firm Order”) by Client to purchase and, when accepted by Patheon, for Patheon to manufacture and deliver the agreed quantity of the Products as set forth in the Firm Order. The Delivery Date specified in the Firm Order will not be less than …***… days following the date that the Firm Order is submitted. Firm Orders submitted to Patheon will specify Client's purchase order number, quantities by Product type, monthly delivery schedule, and any other elements necessary to ensure the timely manufacture and shipment of the Products. Upon Patheon’s acceptance of a Firm Order, the quantities of Products ordered in the Firm Order will be firm and binding on the Parties and may only be reduced by written agreement of the Parties.
Firm Orders Thereafter. On a rolling basis during the term of this Agreement, on or before the 10th day of each month, Client will issue an updated [***] month forecast. The first [***] months of that updated forecast after the current month will be binding and will be confirmed by a firm written order in the form of a purchase order or otherwise (“Firm Order”) by Client to purchase and, when accepted by Patheon, for Patheon to manufacture and deliver the agreed quantity of the Products on the date(s) set forth in the Firm Order (the “Delivery Date”). Firm Orders will be submitted to Patheon at least [***] days prior to the Delivery Date and will specify Client’s Manufacturing Services purchase order number, quantities by Product type, the Delivery Date and schedule, and any other elements necessary to ensure the timely manufacture and shipment of the Products. The quantities of Products ordered in a Firm Order will be firm and binding on Client and may not be reduced by Client. But Client may adjust the Delivery Date by no more than [***] months not more than [***] times per Year with written notice provided at least [***] days prior to the scheduled Delivery Date. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Firm Orders Thereafter. Before and through the Initial Manufacturing Month, and on a rolling basis during the term of this Agreement, and on or before the 10th day of each month, PGx will issue an updated 18 month forecast. The applicable portions of the forecast shall only become binding upon PGx’s delivery to Patheon of purchase orders which shall be issued by PGx no less than (i) 110 days prior to the Delivery Date for bottles and (ii) 90 days prior to the Delivery Date for bulk packaging (“Firm Order(s)”). Patheon shall acknowledge Firm Orders pursuant to Section 5.1(d). [*] Firm Orders submitted to Patheon will specify PGx’s Manufacturing Services purchase order number, quantities by Product type, monthly delivery schedule, and any other elements necessary to ensure the timely manufacture and shipment of the Products. Additionally, within 60 days of the scheduled Delivery Date, Subject to the availability of Components and API, PGx may increase the quantity of any and all products ordered by up to [*]% over the original order and may change the Product mix of the order and Patheon will make commercially reasonable efforts to fulfil such increase or change in Product mix.
Firm Orders Thereafter. After the Initial Manufacturing Month, on a rolling basis during the term of this Agreement, and on or before the [*] day of each month, Client will issue an updated Product Forecast and the first [*] months of that updated forecast will constitute a firm written order in the form of a purchase order or otherwise (“Firm Order”) by Client to purchase and, when accepted by Patheon, for Patheon to manufacture and deliver the agreed quantity of the Products on a date not less than [*] months from the first day of the month immediately following the date that the Firm Order is submitted. Firm Orders submitted to Patheon will specify Client’s Manufacturing Services purchase order number, quantities by Product type, monthly delivery schedule, and any other elements necessary to ensure the timely manufacture and shipment of the Products. Upon Patheon’s acceptance of a Firm Order, the quantities of Products ordered will be firm and binding on Client and may not be reduced by Client. Each Firm Order that meets the Minimum Run Quantities shall be deemed automatically accepted upon Patheon’s receipt provided that the quantity ordered does not exceed the quantities set forth in the pricing schedule.
Firm Orders Thereafter. During the Initial Manufacturing Period, and on a rolling basis during the term of this Agreement, Client will issue an updated 18 month forecast on or before the 10th day of each month. The first four months of this updated forecast, including the current month, will be firm orders with the remainder of the forecast being non-binding. Concurrent with the delivery of the 18 month forecast, Client will issue to Patheon a firm written order in the form of a purchase order (“Firm Order”) to purchase the first four months, including the current month, of the 18 month forecast taking into account any previously issued Firm Orders. Firm Orders submitted to Patheon will specify Client's Manufacturing Services purchase order number, quantities for each Product (including quantity for Bulk Tablets Manufacturing and Blister Cartons Packaging), requested delivery schedule, and any other elements necessary to ensure the timely manufacture and shipment of the Products. The quantities of Products ordered in those Firm Orders will be firm and binding on Client (upon acceptance of the Firm Order by Patheon pursuant to Section 5.1(e)) and may not be reduced by Client unless agreed to by Patheon. Patheon will accept all Firm Orders submitted by Client up to 120% of the quantities specified in the most recent forecast submitted by Client with respect to the applicable period and with a Delivery Date that is not less than 90 days from the date of receipt by Patheon.
Firm Orders Thereafter. Before and during the Initial Manufacturing Period, and thereafter on a rolling basis during the term of this Agreement, Client will issue an updated 18 month forecast on or before the 10th day of each month. The first four months of each updated forecast will constitute firm orders by Client to purchase and for Patheon to manufacture and supply the quantity of the Product set forth in such portion of the updated forecast. Concurrent with the 18 month forecast, Client will issue a firm written order in the form of a purchase order or otherwise (“Firm Order”) by Client to purchase and, when accepted by Patheon, for Patheon to [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. manufacture and deliver the agreed quantity of the Product on a date not less than three months from the first day of the month immediately following the date that the Firm Order is submitted. Firm Orders submitted to Patheon will specify Client’s Manufacturing Services purchase order number, quantities by Product type, monthly delivery schedule, and any other elements necessary to ensure the timely manufacture and shipment of the Product. The quantities of Product ordered in those written orders will be firm and binding on Client and may not be reduced by Client.
Firm Orders Thereafter. After the Initial Manufacturing Month, on a rolling basis during the Term, and on or before the 10th day of each month, Client will issue an updated Product Forecast and the first three months of that updated forecast will constitute a firm written order in the form of a purchase order or otherwise (“Firm Order”) by Client to purchase and, when accepted by Patheon, for Patheon to manufacture and deliver the agreed quantity of the Products on a date not less than [*****] from the first day of the month immediately following the date that the Firm Order is submitted. Firm Orders submitted to Patheon will specify Client's Manufacturing Services purchase order number, quantities by Product type, monthly delivery schedule, and any other elements necessary to ensure the timely manufacture and shipment of the Products. Upon Patheon’s acceptance of a Firm Order, the quantities of Products ordered will be firm and binding on Client and may not be reduced by Client. For the purpose of clarity, any months in a Product Forecast beyond the most current 3 months and the First Firm Forecast can be cancelled at any time by Client upon written notice to Patheon at no cost to Client excepting Client’s responsibility to pay for Components purchased by Patheon on Client’s behalf.
Firm Orders Thereafter. After the Initial Manufacturing Month, on a rolling basis during the Term of this Agreement, on or before the Friday of the third week of each month, Penwest will issue an updated Product Forecast and the first [**] months of that updated forecast will constitute a firm written order in the form of a purchase order or otherwise (“Firm Order”) by Penwest to purchase and, when accepted by Patheon, for Patheon to manufacture and deliver the agreed quantity of the Products on a date not less than [**] months after the first day of the month immediately following the date that the Firm Order is submitted. Firm Orders submitted to Patheon will specify Penwest’s purchase order number, quantities by Product type, monthly delivery schedule and Delivery Dates, and any other elements necessary to ensure the timely manufacture and shipment of the Products. Upon Patheon’s acceptance of a Firm Order, the quantities of Products ordered will be firm and binding on Penwest and Patheon, and may not be reduced by
Firm Orders Thereafter. After the Initial Manufacturing Month, on a rolling basis during the term of this Agreement, and on or before the [***] day of each month, Depomed will issue an updated [***] forecast that starts with the next calendar month. The first [***] of that updated forecast will constitute a firm written order in the form of a purchase order or otherwise (“Firm Order”) by Depomed to purchase and, when accepted by Patheon, for Patheon to manufacture and deliver the agreed quantity of the Products on a date not less than [***] following the date that the Firm Order is submitted.
