Form of Orders. XERIS’s orders shall be made pursuant to a written purchase order (each, a “Purchase Order”) that specifies, at a minimum, quantity of API ordered, date of order, date of delivery, addresses for delivery, contact information at delivery sites, and required carriers with account numbers, one of which must be utilized for delivery to the specified destinations. BACHEM shall use commercially reasonable efforts to achieve a maximum lead time of no more than [***] to complete and deliver an order. BACHEM shall accept all orders XERIS submits to BACHEM in accordance with this Article 2. BACHEM shall provide to XERIS written notice of BACHEM’s acceptance (each, an “Acceptance Notice” of each Purchase Order within [***] of BACHEM’s receipt of such Purchase Order and each such Acceptance Notice shall include confirmation of the delivery date of the applicable quantity of API; provided that to the extent no delivery date is included in an Acceptance Notice issued by BACHEM or BACHEM fails to issue an Acceptance Notice within the applicable time period, the order shall be deemed accepted by BACHEM and the applicable delivery date shall be deemed to be the delivery date specified by XERIS in the corresponding Purchase Order. Except as to the quantity of API, delivery date and delivery location specified in a Purchase Order which shall be binding on the Parties, NO TERMS OR CONDITIONS CONTAINED IN ANY PURCHASE ORDER, ORDER ACKNOWLEDGMENT OR SIMILAR STANDARDIZED FORM SHALL BE CONSTRUED TO AMEND OR MODIFY THE TERMS OF THIS AGREEMENT, AND ALL SUCH TERMS AND CONDITIONS ARE HEREBY EXCLUDED.
Form of Orders. DUSA's orders shall be made pursuant to a written purchase order which is in the form attached hereto as Exhibit B, and shall provide for shipment in accordance with reasonable delivery schedules and lead times as may be agreed upon from time to time by NBC and DUSA; provided that the maximum lead time shall not exceed [c.i.] unless otherwise mutually agreed. ANY ADDITIONAL OR INCONSISTENT TERMS OR CONDITIONS OF ANY PURCHASE ORDER, ACKNOWLEDGMENT OR SIMILAR STANDARDIZED FORM GIVEN OR RECEIVED PURSUANT TO THIS AGREEMENT SHALL HAVE NO EFFECT AND SUCH TERMS AND CONDITIONS ARE HEREBY EXCLUDED.
Form of Orders. Osm Kft’s orders shall be made pursuant to a written Purchase Order (each, a “Purchase Order”) that specifies the purchaser, delivery location, Product name and Mallinckrodt Product number, quantity of API, requested delivery date(s) and price in accordance with the requirements of Section 2.4.1 above. NO TERMS OR CONDITIONS CONTAINED IN ANY PURCHASE ORDER, ORDER ACKNOWLEDGMENT, INVOICE OR SIMILAR STANDARDIZED FORM SHALL BE CONSTRUED TO AMEND, MODIFY OR SUPPLEMENT THE TERMS OF THIS AGREEMENT, AND ALL SUCH TERMS AND CONDITIONS ARE HEREBY EXCLUDED.
Form of Orders. Vivus' orders shall be made pursuant to a written purchase order which is in a form mutually acceptable to the parties, and shall provide for shipment in accordance with reasonable delivery schedules as may be agreed upon from time to time by Spolana and Vivus. Spolana shall use all reasonable efforts to notify Vivus [*] of its ability to fill any amounts of such order in excess of the quantities that Spolana is obligated to supply. No terms contained in any purchase order, order acknowledgment or similar standardized form shall be construed to amend or modify the terms of this Agreement and in the event of any conflict, this Agreement shall control unless expressly agreed in writing.
Form of Orders. Company’s orders for Product shall be made pursuant to a written purchase order on its standard form, and will provide for shipment in accordance with reasonable delivery schedules and lead times as may be agreed upon from time to time by Supplier and Company so long as the maximum lead time shall not exceed sixty (60) days unless otherwise agreed to by the Parties. ANY ADDITIONAL OR INCONSISTENT TERMS OR CONDITIONS OF ANY PURCHASE ORDER, ACKNOWLEDGMENT OR SIMILAR STANDARDIZED FORM GIVEN OR RECEIVED PURSUANT TO THIS AGREEMENT WILL HAVE NO EFFECT AND SUCH TERMS AND CONDITIONS ARE HEREBY EXCLUDED.
Form of Orders. Aerie’s orders shall be made pursuant to a written purchase order which is in a form acceptable to Cayman, and shall provide for shipment in accordance with reasonable fulfillment and delivery schedules specified in such purchase order, it being acknowledged and agreed that a fulfillment and delivery schedule specifying delivery [***] days or more from the date of the purchase order (or such shorter time as the Parties may reasonably agree in the circumstances) shall be considered reasonable. Purchase orders may be submitted by Aerie (or an Affiliate thereof) on behalf of itself or its Affiliates. Purchase orders shall include at minimum:
2.4.1. PO number
2.4.2. Quantity
2.4.3. Target Fulfillment Date Cayman shall provide a written order acknowledgement form within five (5) business days from receipt of Aerie’s purchase order confirming the quantities and fulfillment date for the order, including whether Cayman will be able to fill any amounts of such order in excess of the quantities that Cayman is obligated to supply pursuant to Section 2.1 above. This written order acknowledgement form will be regarded as a binding irrevocable commitment by Aerie and/or its Affiliates to purchase, and for Cayman to manufacture and supply, the relevant quantity of Product. No terms contained in any purchase order, order acknowledgment, or similar standardized form shall be construed to amend or modify the terms of this Agreement and in the event of any conflict, this Agreement shall control unless expressly agreed in writing.
Form of Orders. DUSA's orders shall be made pursuant to a written purchase order which is in the form attached hereto as Exhibit B, and shall provide for shipment in accordance with the delivery dates set forth in the purchase orders. At all times during this Agreement, NBC shall use its reasonable best efforts to meet the monthly delivery dates set forth in each purchase order. Notwithstanding the foregoing language, NBC shall ship Light Source units in inventory as requested pursuant to Section 2.5 below. Any change to a purchase order may be made by the issuance of a written amended change order by both parties. ANY ADDITIONAL OR INCONSISTENT TERMS OR CONDITIONS OF ANY PURCHASE ORDER, ACKNOWLEDGMENTS OR SIMILAR STANDARDIZED FORMS GIVEN OR RECEIVED PURSUANT TO THIS AGREEMENT SHALL HAVE NO EFFECT AND SUCH TERMS AND CONDITIONS ARE HEREBY EXCLUDED UNLESS SPECIFICALLY AGREED OTHERWISE BY A WRITING SIGNED BY BOTH PARTIES PURSUANT TO SECTION 12.12.
Form of Orders. 3.4.1 Any Order issued by the Customer during the Term of this Agreement shall be deemed to have been issued pursuant to this Agreement and shall be governed by the terms and conditions of this Agreement, unless the Parties expressly agree to the contrary in writing.
3.4.2 The Customer should use the order form identified in Exhibit 5. No preprinted form or condition of an Order shall be binding upon the Supplier.
Form of Orders. Quintus may place an order for the license of Program(s) by submitting an executed Order to GeoTel. Each Order must state: (i) the Program(s), Services, prices and number ordered; (ii) the name of the Customer; and (iii) that the Programs and Services are being ordered pursuant to this Agreement. The parties agree (i) that any pre-printed terms and conditions on Purchase Orders shall not apply and (ii) that the terms and conditions of this Agreement shall solely govern the relationship of the parties relating to the subject matter hereof.
Form of Orders. Company's orders for additional Products shall be made pursuant to a written purchase order on its standard form, and will provide for shipment in accordance with reasonable delivery schedules as may be agreed upon from time to time by Supplier and Company in writing so long as the lead times shall not exceed the maximum lead times set forth in Section 2.3 unless otherwise agreed to by the Parties. Notwithstanding the foregoing, Company agrees that Supplier's delivery dates for quantities of Products that exceed two-thirds of the Capacity Constraint in any given quarter may extend up to 30 days beyond the maximum lead times set forth in Section 2.3. ANY ADDITIONAL OR INCONSISTENT TERMS OR CONDITIONS OF ANY PURCHASE ORDER, ACKNOWLEDGMENT OR SIMILAR STANDARDIZED FORM GIVEN OR RECEIVED PURSUANT TO THIS AGREEMENT WILL HAVE NO EFFECT AND SUCH TERMS AND CONDITIONS ARE HEREBY EXCLUDED.
