Common use of Maximum Quantities Clause in Contracts

Maximum Quantities. Orphan Medical may in its sole discretion reject purchase orders that specify a quantity of Product in respect of a particular calendar quarter in excess of (A) * of the firm Commercial Forecast for such quarter if such firm Commercial Forecast is more than * greater than the most recent non-binding Commercial Forecast for such quarter and (B) * of the firm Commercial Forecast if such firm Commercial Forecast is less than * greater than the most recent non-binding Commercial Forecast for such quarter; provided, however, that the maximum quantities that Orphan Medical shall be required to deliver in a particular calendar quarter determined in accordance with clauses (A) and (B) above shall be reduced by the quantity of Product Orphan Medical shall have delivered in the preceding calendar quarter pursuant to paragraph (e) below in excess of the maximum quantities it was required to provide in such preceding calendar quarter as determined pursuant to this paragraph (d).

Maximum Quantities. Orphan Medical may in its sole discretion reject purchase orders that specify a quantity of Product in respect of a particular calendar quarter in excess of (A) ** of the firm Commercial Forecast for such quarter if such firm Commercial Forecast is more than ** greater than the most recent non-binding Commercial Forecast for such quarter and (B) ** of the firm Commercial Forecast if such firm Commercial Forecast is less than ** greater than the most recent non-binding Commercial Forecast for such quarter; provided, however, that the maximum quantities that Orphan Medical shall be required to deliver in a particular calendar quarter determined in accordance with clauses (Aa) and (B) above shall be reduced by the quantity of Product Orphan Medical shall have delivered in the preceding calendar quarter pursuant to paragraph (e) below in excess of the maximum quantities it was required to provide in such preceding calendar quarter as determined pursuant to this paragraph (d).