Fixed Quarterly Quantities Sample Clauses

Fixed Quarterly Quantities. Subject to the other provisions of this Agreement and unless otherwise agreed upon by the Parties, Organon shall sell and deliver to Biodel and its Affiliates, and Biodel and its Affiliates shall purchase from Organon, for use only in Biodel’s End Product(s), one hundred percent (100%) of the Fixed Quarterly Quantities for the Product as provided in the table below. Calendar Quarter Fixed Quarterly Quantities Shelf Life Left Q3 2008 [**] [**] Q4 2008 [**] [**] Total 2008 [**] Q1 2009 [**] [**] Q2 2009 [**] [**] Q3 2009 [**] [**] Q4 2009 [**] [**] Total 2009 [**] Q1 2010 [**] [**] Q2 2010 [**] [**] Q3 2010 [**] [**] Q4 2010 [**] [**] Total 2010 [**] The ‘Shelf Life Left calculation’ using the percentages set forth above will be based upon the shelf life for the Product as stated in the Drug Master File as filed with the FDA on the Effective Date (“Shelf Life”) and as measured at the time of shipment of the Product to Biodel (“Shelf Life Left”). The Parties acknowledge that the Shelf Life at the Effective Date is [**], and the Parties affirm that they have no knowledge of facts or circumstances that are likely to result in the Shelf Life being reduced. Notwithstanding the foregoing, if at any time Organon notifies Biodel that the Shelf Life Left of the Product will be less than [**], then Biodel shall have the option, within [**] of the date of receipt of such notice, of either (i) reducing, in accordance with Section 4.l(b), the Product ordered by Biodel, or (ii) terminating the Agreement pursuant to Section 11.2(a) with immediate effect; provided further than in either instance Biodel shall not be obligated to pay the reduction fee contemplated in Section 4.1(b) or the termination fee contemplated in Section 11.3, as applicable. Under no circumstances, however, will Product be delivered to Biodel with less than [**] Shelf Life Left.
Sample 1
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Fixed Quarterly Quantities. Subject to the other provisions of this Agreement unless otherwise agreed upon by the Parties, Organon shall sell and deliver to Biodel and its Affiliates, and Biodel and its Affiliates shall purchase from Organon, one hundred percent (100%) of the fixed quarterly quantities for the Product as provided in the table below.
Sample 1

Related to Fixed Quarterly Quantities

  • Contract Quarterly Sales Reports The Contractor shall submit complete Quarterly Sales Reports to the Department’s Contract Manager within 30 calendar days after the close of each State fiscal quarter (the State’s fiscal quarters close on September 30, December 31, March 31, and June 30). Reports must be submitted in MS Excel using the DMS Quarterly Sales Report Format, which can be accessed at xxxxx://xxx.xxx.xxxxxxxxx.xxx/business_operations/ state_purchasing/vendor_resources/quarterly_sales_report_format. Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website is the responsibility of the Contractor without prompting or notification from the Department’s Contract Manager. If no orders are received during the quarter, the Contractor must email the DMS Contract Manager confirming there was no activity.

  • Contract Year A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.

  • ESTIMATED QUANTITIES 1.1 The quantities set forth in the line items and specification document are approximate and represent the estimated requirements for the contract period. 1.2 Items listed may or may not be an inclusive requirements for this category. 1.3 Category items not listed, but distributed by bidder are to be referred to as kindred items. Kindred items shall receive the same percentage of discount or pricing structure as items listed in the specification document. 1.4 The unit prices and the extended total prices shall be used as a basis for the evaluation of bids. The actual quantity of materials necessary may be more or less than the estimates listed in the specification document, but the City/County shall be neither obligated nor limited to any specified amount. If possible, the Owners will restrict increases/decreases to 20% of the estimated quantities listed in the specification document.

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • Calendar Quarter January through March, April through June, July through September, or October through December.

  • Quarterly Sales Reports The Contractor shall submit a completed Quarterly Sales Report electronically, in the required format, to the Department’s Contract Manager within thirty (30) calendar days after close of each quarter. The quarterly sales report can be found here: xxxxx://xxx.xxx.xxxxxxxxx.xxx/business_operations/ state_purchasing/vendor_resources/quarterly_sales_report_format. The Contract Quarterly Sales Report will include all sales and orders associated with this Contract from Customers received during the reporting period. Initiation and submission of the Sales Report is the responsibility of the Contractor without prompting or notification from the DMS Contract Manager. Failure to provide the quarterly sales report will result in the imposition of financial consequences and may result in the Contractor being found in default and the termination of the Contract. Initiation and submission of the quarterly sales report are the responsibility of the Contractor without prompting or notification by the Department. Sales will be reviewed on a quarterly basis. If no sales are recorded during the period, the Contractor must submit a report stating that there was no activity. If no sales are recorded in two consecutive quarters, the Contractor may be placed in probationary status or the Department may terminate the Contract. Quarter 1 – (July-September) – due 30 calendar days after the close of the period Quarter 2 – (October-December) – due 30 calendar days after the close of the period Quarter 3 – (January-March) – due 30 calendar days after the close of the period Quarter 4 – (April-June) due 30 calendar days after the close of the period Exceptions may be made if a delay in submitting reports is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Department. The Department reserves the right to request additional sales information as needed.

  • Adjustment of Minimum Quarterly Distribution and Target Distribution Levels (a) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution, Third Target Distribution, Common Unit Arrearages and Cumulative Common Unit Arrearages shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in Units or otherwise) of Units or other Partnership Securities in accordance with Section 5.10. In the event of a distribution of Available Cash that is deemed to be from Capital Surplus, the then applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall be adjusted proportionately downward to equal the product obtained by multiplying the otherwise applicable Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, as the case may be, by a fraction of which the numerator is the Unrecovered Capital of the Common Units immediately after giving effect to such distribution and of which the denominator is the Unrecovered Capital of the Common Units immediately prior to giving effect to such distribution. (b) The Minimum Quarterly Distribution, First Target Distribution, Second Target Distribution and Third Target Distribution, shall also be subject to adjustment pursuant to Section 6.9.

  • Calendar Year Calendar Year" for the purposes of this Agreement shall mean the twelve (12) month period from January 1st to December 31st, inclusive.

  • Minimum Royalties If royalties paid to Licensor do not reach the minimum royalty amounts stated in Section 3.3 of the Patent & Technology License Agreement for the specified periods, Licensee will pay Licensor on or before the Quarterly Payment Deadline for the last Contract Quarter in the stated period an additional amount equal to the difference between the stated minimum royalty amount and the actual royalties paid to Licensor.

  • Minimum Annual Royalties Company shall pay to JHU minimum annual royalties as set forth in Exhibit A. These minimum annual royalties shall be due, without invoice from JHU, within thirty (30) days of each anniversary of the EFFECTIVE DATE beginning with the first anniversary. Running royalties and sublicense consideration accrued under Paragraphs 3.3 and 3.4, respectively, and paid to JHU during the one year period preceding an anniversary of the EFFECTIVE DATE shall be credited against the minimum annual royalties due on that anniversary date.

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