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.