Firm Purchase Orders. All Purchase Orders are firm and non-cancelable upon issuance by End User. End User may not cancel any Purchase Order or portion thereof after issuance unless Vocera has failed timely to notify End User of acceptance in accordance with Section 2.2 below.
Firm Purchase Orders. Santarus shall submit to Patheon a firm, written purchase order (the "FIRM PURCHASE ORDER") for the purchase of Finished Product at least *** calendar days prior to the specified delivery date. Santarus shall submit Firm Purchase Orders on a monthly basis and acknowledges that quantities of Finished Product ordered in any single Firm Purchase Order will not be less than the Minimum Run Quantity. Each Firm Purchase Order shall specify the quantity or, if more than one shipment is requested, quantities of Finished Product ordered, the requested delivery date or dates, the delivery address(es) and any applicable shipping information (if different from that specified in Section 2.3). Patheon shall manufacture and supply the Finished Product in the quantities and by the delivery dates set forth in the applicable Firm Purchase Order, consistent with Patheon's Supply Commitment.
Firm Purchase Orders. DISTRIBUTOR shall place orders with the lead-time defined in ANNEX C and which are consistent with the forecasts for Product for the Territory provided by DISTRIBUTOR in accordance with ANNEX C (“Firm Orders”). Each order shall contain a valid purchase order number and shall be duly signed by DISTRIBUTOR. The terms and conditions of this Agreement shall apply to all orders placed by DISTRIBUTOR and shall override and supersede any different or additional terms or orders from, or any general conditions maintained by DISTRIBUTOR. All orders are subject to written acceptance by SUPPLIER and will not be binding on SUPPLIER until the order has been accepted in writing as set out in Section 6.3.
Firm Purchase Orders. (a) Delivery of POs. Recro will submit purchase orders (each, a “Firm PO”) for the Requirements to Alkermes at least [***] days prior to the requested delivery date. The details of a Firm PO will be consistent with the amount of BC Parenteral Meloxicam forecast for the Firm Zone . Alkermes shall have no obligation to supply BC Parenteral Meloxicam to Recro to the extent that the Firm PO does not conform to the provisions of this Section 4.3.
Firm Purchase Orders. (a) OraPharma will place firm purchase orders for full Batches on a monthly basis at least 90 days prior to the delivery date set forth in the purchase order. The firm purchase order will specify the number of Batches of Product to be shipped, requested delivery dates (which delivery dates will be no sooner than ninety (90) days after the date of the order), and the destination of each shipment. AAI will manufacture Product and satisfy any such firm purchase orders, provided that AAI will use its Diligent Efforts, but will not be obligated to, manufacture for delivery during any three-month period quantities of the Product in excess of [*] of the quantities of Product forecasted for such period, the ("Maximum Requirement").
(b) Firm purchase orders submitted pursuant to Article 3.03
(a) may be decreased or canceled by OraPharma upon written notice to AAI; provided, however, that OraPharma shall pay AAI, within 30 days after AAI's invoice, with respect to the decreased or canceled order, the full amount (to the date of the decrease or cancellation) of any AAI costs incurred in accordance with this Agreement to the date of decrease or cancellation (including work in process) and commitments made by AAI with respect to the canceled order or decreased portion of the order which are not (or to the extent they are not) cancelable, but in no case in excess of the purchase price for such canceled or decreased portions of the order; provided, further, that amounts invoiced under this Article 3.03 (b) shall be credited to OraPharma for purposes of any invoice under Article 3.02 to the extent that the reduction or cancellation of a ___________________________ * Confidential Treatment Requested firm purchase order causes OraPharma to fail to meet a Minimum Requirement. If any material or work in process included in such decreased or canceled order is subsequently utilized by AAI (and AAI shall use its Diligent Efforts to use any such material and work in process), OraPharma shall receive an appropriate credit or refund within thirty (30) days after such use. AAI shall use Diligent Efforts to minimize payments required to be made by OraPharma under this Article 3.03(b).
(c) OraPharma agrees that the firm purchase orders placed by it, net of any decreases or cancellations of firm purchase orders in accordance with Article 3.03
Firm Purchase Orders. Not later than [**] prior to the beginning of [**], GSK shall provide Antigenics MA with a firm purchase order for the quantity of QS-21 it intends to purchase hereunder during such [**]. Each firm purchase order shall specify the quantity of QS-21 to be ordered. Such firm purchase order commits GSK to purchase [**] percent [**] of the quantity of QS-21 set forth in the purchase order during that [**]. In the event that GSK does not comply with the foregoing provisions of this Section and delays ordering or does not submit a purchase order for a particular [**] in a given [**], then Antigenics MA may notify GSK and GSK shall have [**] to comply with its purchase order obligations (and Antigenics MA shall have an additional [**] to supply GSK beyond the period specified in Section 3.4(d) below). In case of GSK’s failure to do so, Antigenics MA retains the right to deliver to, and charge GSK for, QS-21 in such [**] in the amount equal to [**], where A equals the [**] for the applicable [**], B equals the [**], and C equals the number of [**] (including the [**] at issue).
Firm Purchase Orders. All orders for Designated Inrange Products placed by Purchaser hereunder shall be evidenced by the Purchaser's firm purchase order and shall be subject to all of the provisions set forth in this Agreement. By placing each order, the Purchaser confirms its agreement with and acceptance of all such terms and conditions. In the event of any discrepancy between the provisions set forth herein, on the one hand, and any purchase order, order confirmation, * Confidential Treatment Requested with respect to this information.
Firm Purchase Orders. Not later than [**] prior to the beginning of each [**] for which Supplier has Manufacture and supply obligations under this Agreement, Customer shall provide Supplier with a firm purchase order for the quantity of QS-21 it intends to purchase hereunder during such [**]. Each firm purchase order shall specify the quantity of QS-21 to be ordered. Such firm purchase order commits Customer to purchase [**] of the quantity of QS-21 set forth in the purchase order during that [**]. In the event that Customer does not comply with the foregoing provisions of this Section and delays ordering or does not submit a purchase order for a particular [**] in a given [**], then Supplier may notify Customer and Customer shall have [**] to comply with its purchase order obligations (and Supplier shall have an additional [**] to supply Customer beyond the period specified in Section 3.4(c) below). In case of Customer’s failure to do so, Supplier is relieved of its Manufacture and supply obligations with respect to the applicable [**] for which no purchase order was submitted. Notwithstanding the foregoing, in the event that (i) GSK fails to submit any purchase order with respect to orders of QS-21 binding on GSK as set forth on Exhibit B, Antigenics MA retains the right to treat Exhibit B as such purchase order, and to deliver to, and charge GSK for, QS-21 as set forth therein in such [**]; (ii) Customer fails to submit any purchase order with respect to orders of QS-21 binding upon Customer as set forth in Section 3.4 (a) (other than those set forth on Exhibit B), Supplier retains the right to treat [**] of the quantities mentioned in Customer’s forecasts for the first [**] and [**] of the quantities mentioned in Customer’s binding forecasts for the next [**] of any relevant period as firm purchase orders. For the avoidance of doubt, in no event shall Supplier be obligated to Manufacture and supply QS-21 in excess of the Manufacturing Capacity unless otherwise agreed in writing by Supplier.
Firm Purchase Orders. Sandoz shall order Products by way of firm purchase orders corresponding with the [***] binding part of the forecast (“Firm Purchase Order”), provided, however, that (a) Firm Purchase Orders shall not be made in any other form of document unless the Parties agree in writing, (b) all Firm Purchase Orders shall be non-cancellable by Sandoz provided, however, that KLOX or the Manufacturer shall be entitled to reject any Firm Purchase Order or portion thereof if (i) the quantities ordered do not materially comply with the provisions of this Section 5.6, (ii) if Sandoz is in default of any of its obligations under this Agreement, or (iii) the quantities ordered exceed the forecast provided, (c) Sandoz shall notify KLOX in writing of its desired shipment date(s) for the quantities of Products set forth in each such Firm Purchase Order, such notification to be delivered to KLOX at least [***] in advance of each such specified shipment date, and (d) each Firm Purchase Order shall be for at least the minimum order quantity for each respective Product ordered as shall be agreed between the Parties.
Firm Purchase Orders. ALRT shall place firm purchase order with TEFE at least one hundred and sixty (160) days prior to the date of delivery subject to the availability of long lead time components as required by such purchase order. The minimum quantity of each order per Product is Two Hundred and Fifty Thousand (250,000) pieces. The following terms should be agreed by ALRT & TEFE upon the assurance of each purchase order:
a. Quantity
b. Price per piece
c. Payment terms
d. Delivery terms and Schedule TEFE shall issue a notice of acceptance or non-acceptance to such purchase order ten (10) working days from the receipt of such order. Any and all purchase orders shall be deemed to be accepted by TEFE unless notice of non-acceptance is issued during such period. Accepted orders shall not be allocated, changed or canceled without prior mutual agreement of both parties hereto.
