Common use of Initial Purchase Order; Launch Quantities Clause in Contracts

Initial Purchase Order; Launch Quantities. Within 5 days following receipt of a Non-At-Risk Launch Notice by Purchaser or delivery to Seller of Purchaser’s notice that it will engage in an At-Risk Launch, Purchaser shall deliver to Seller an initial binding order (the “Initial Purchase Order”) for the quantity of Product required for Purchaser’s commercial launch of the Product consistent with Purchaser’s then current Forecast; provided that, such quantity shall not exceed (without the prior written consent of Seller, which may be withheld in its sole discretion) [***] units of Product if the First Commercial Sale occurs in calendar year 2005 or [***] of the then existing Maximum Annual Product Units if the First Commercial Sale occurs in any calendar year after 2005 (the “Launch Quantities”). Subject to the terms of this Agreement, Seller shall use Commercially Reasonable Efforts to supply the Product to Purchaser in the Launch Quantities by no later than the delivery dates indicated in the Initial Purchase Order, which delivery dates shall be no sooner than 90 days after the date of the Initial Purchase Order unless Seller consents thereto. Seller shall thereafter use Commercially Reasonable Efforts to supply to Purchaser such additional quantities of the Product as ordered by Purchaser hereunder pursuant to Section 5.3.

Initial Purchase Order; Launch Quantities. Within 5 days following receipt of a Non-At-Risk Launch Notice by Purchaser or delivery to Seller of Purchaser’s 's notice that it will engage in an At-Risk Launch, Purchaser shall deliver to Seller an initial binding order (the “"Initial Purchase Order”") for the quantity of Product required for Purchaser’s 's commercial launch of the Product consistent with [***] Certain information on this page has been redacted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Purchaser’s 's then current Forecast; provided that, such quantity shall not exceed (without the prior written consent of Seller, which may be withheld in its sole discretion) [***] units of Product if the First Commercial Sale occurs in calendar year 2005 or [***] of the then existing Maximum Annual Product Units if the First Commercial Sale occurs in any calendar year after 2005 (the “"Launch Quantities”"). Subject to the terms of this Agreement, Seller shall use Commercially Reasonable Efforts to supply the Product to Purchaser in the Launch Quantities by no later than the delivery dates indicated in the Initial Purchase Order, which delivery dates shall be no sooner than 90 days after the date of the Initial Purchase Order unless Seller consents thereto. Seller shall thereafter use Commercially Reasonable Efforts to supply to Purchaser such additional quantities of the Product as ordered by Purchaser hereunder pursuant to Section 5.3.

Initial Purchase Order; Launch Quantities. Within 5 days following receipt of a Non-At-Risk Launch Notice by Purchaser or delivery to Seller of Purchaser’s 's notice that it will engage in an At-Risk Launch, Purchaser shall deliver to Seller an initial binding order (the “"Initial Purchase Order”") for the quantity of Product required for Purchaser’s 's commercial launch of the Product consistent with Purchaser’s 's then current Forecast; provided that, such quantity shall not exceed (without the prior written consent of Seller, which may be withheld in its sole discretion) [***] units of Product if the First Commercial Sale occurs in calendar year 2005 or [***] of the then existing Maximum Annual Product Units if the First Commercial Sale occurs in any calendar year after 2005 (the “"Launch Quantities”"). Subject to the terms of this Agreement, Seller shall use Commercially Reasonable Efforts to supply the Product to Purchaser in the Launch Quantities by no later than the delivery dates indicated in the Initial Purchase Order, which delivery dates shall be no sooner than 90 days after the date of the Initial Purchase Order unless Seller consents thereto. Seller shall thereafter use Commercially Reasonable Efforts to supply to Purchaser such additional quantities of the Product as ordered by Purchaser hereunder pursuant to Section 5.3.

Initial Purchase Order; Launch Quantities. Within 5 days following receipt of a Non-At-Risk Launch Notice by Purchaser or delivery to Seller of Purchaser’s notice that it will engage in an At-Risk Launch, Purchaser shall deliver to Seller an initial binding order (the “Initial Purchase Order”) for the quantity of Product required for Purchaser’s commercial launch of the Product consistent with Purchaser’s then current Forecast; provided that, such quantity shall not exceed (without the prior written consent of Seller, which may be withheld in its sole discretion) [****] units of Product if the First Commercial Sale occurs in calendar year 2005 or [****] of the then existing Maximum Annual Product Units if the First Commercial Sale occurs in any calendar year after 2005 (the “Launch Quantities”). Subject to the terms of this Agreement, Seller shall use Commercially Reasonable Efforts to supply the Product to Purchaser in the Launch Quantities by no later than the delivery dates indicated in the Initial Purchase Order, which delivery dates shall be no sooner than 90 days after the date of the Initial Purchase Order unless Seller consents thereto. Seller shall thereafter use Commercially Reasonable Efforts to supply to Purchaser such additional quantities of the Product as ordered by Purchaser hereunder pursuant to Section 5.3.