Minimum Purchase Quantity. In accordance with Section 4.8 of the Supply Agreement, beginning in 2019 AMAG shall purchase at least the Annual Minimum Quantity of Component Sets in each calendar year during the Term as set forth below. For the purpose of determining whether AMAG is in compliance with Section 4.8 of the Agreement, a Component Set is considered “purchased” as of the agreed Delivery Date in the respective Purchase Order, provided however that such ordered Component Sets will have been duly purchased and paid by AMAG (during such calendar year or, as applicable, at a later stage in accordance with the terms of this Agreement).
Minimum Purchase Quantity. During each [***] period of the Term, beginning with Customer’s receipt of the first marketing authorisation until expiration or termination of this Contract, Customer shall include within its Binding Forecast, and place Purchase Orders for, a minimum quantity of the [***], or (b) [***], at the agreed price (the “Minimum Purchase Obligation”). Such Minimum Purchase Obligation shall not be deemed to be a warranty or a guarantee by Xxxxxxxxxx to provide any such capacity, provided that if Customer submits a Binding Forecast and places Purchase Orders for [***] in each such [***] period, Customer will be deemed to have fulfilled the Minimum Purchase Obligation, and shall have no further obligation to purchase any specified quantity of Product from Xxxxxxxxxx during the respective [***] period. Further, if Xxxxxxxxxx fails to provide the capacity for the supply of Product (including as a result of a rejection by Xxxxxxxxxx of a Long Range Forecast or any portion thereof for the applicable period that was within the Batch Capacity), and/or to supply such Product against such Purchase Orders for any reason, Customer shall have no obligation to place additional Purchase Orders during such [***] period or any subsequent period to make up the shortfall in quantity caused by Xxxxxxxxxx’x failure to provide capacity or supply the quantity of Product ordered by Customer. Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission.
Minimum Purchase Quantity. Buyer and LSO agree that no minimum purchase requirement for Products is established by this Agreement.
Minimum Purchase Quantity. Customer shall, during each of the first two Launch Years, place Orders for at least the following volumes of the Final Product (the “Minimum Purchase Quantities” and each of them a “Minimum Purchase Quantity”): Execution Version 2020/12/30Page 7 of 27 [***] [***] [***] [***] [***] The Minimum Purchase Quantities for later Launch Years shall be mutually agreed by the Parties at least [***] prior to the end of Launch Year 2. In case the Parties fail to reach an agreement by such date, each Party may terminate this Agreement on [***] prior written notice. In case Customer fails to order the agreed Minimum Purchase Quantity in a given Launch Year, Customer shall pay to Supplier the difference between the respective aggregated Price (plus VAT) of (i) the quantity of Final Products actually ordered by Customer from Supplier during such Launch Year and (ii) the respective Minimum Purchase Quantity, unless such failure is directly caused by an act or omission solely attributable to Supplier.
Minimum Purchase Quantity. Gilead agrees to guarantee the yearly minimum volumes of purchases of Products as defined in Table 1, No. 2 (see also Toll Manufacturing Agreement section 5.1). In return, APO will accept binding purchase orders as long as purchase volumes do not exceed [ * ] (see also Toll Manufacturing Agreement section 6.3). To ensure sufficient flexibility in demand planning, APO agrees to accept binding purchase orders, which [ * ]
Minimum Purchase Quantity. 1. STAAR and NIDEK hereby agree that the minimum purchase quantity of the Finished Product for a period from January 1, 2014 to December 31, 2014 (“2014 Finished Product Minimum Purchase Quantity”) shall be ***. Subject to STAAR’s fulfillment of the supply of the minimum quantity of Injector, NIDEK shall supply STAAR with the 2014 Finished Product Minimum Purchase Quantity and STAAR shall purchase the 2014 Finished Product Minimum Purchase Quantity from NIDEK. STAAR and NIDEK shall mutually agree upon the monthly delivery schedule of such Quantity and endeavor to follow the schedule. STAAR and NIDEK shall mutually agree upon the minimum purchase quantity of Finished Product for the year 2015 by December 31, 2014. STAAR and NIDEK shall mutually agree upon the minimum purchase quantity of Finished Product for the year 2016 by December 31, 2015. 第４条（最低購入数量） １．スターおよびニデックは、2014年1月1日より2014年12月31日までの期間における最終製品の最低購入数量（以下「2014年最終製品最低購入数量」という）を、*** 個とすることに同意する。スターによりインジェクターの最低購入数量が供給されることを条件として、ニデックは、2014年最終製品最低購入数量を、スターに供給するものとし、スターは、2014年最終製品最低購入数量を、ニデックから購入するものとする。スターおよびニデックは、両者間において、当該数量の月別納入計画表に合意し、鋭意これに従うものとする。 2015年の最終製品の最低購入数量は、2014年12月31日までに、両者間において合意する。2016年の最終製品の最低購入数量は、2015年12月31日までに、両者間において合意する。
3. Allocation in Case of Supply Shortage 第３条（供給不足時の数量割当）
1. The Section 9 e. shall be supplemented to the 2012 Agreement as follows: １．２０１２年契約第９条に、次の第５項を追加する。
Minimum Purchase Quantity. (a) During the initial one (1) year term of this Agreement, TAJIMA shall sell and DISTRIBUTOR shall purchase on a yearly basis not less than the minimum quantities of the PRODUCTS specified below: Forty Five (45) units
(b) In the event that this Agreement shall be renewed beyond the initial one (1) year term, the minimum quantity DISTRIBUTOR shall be required to purchase for each such additional year shall be as defined in the written agreement setting forth such renewal.
Minimum Purchase Quantity. 4.1 Distributor shall take delivery and pay for not less than the Minimum Purchase Quantity in each relevant period…; provided, however that…
Minimum Purchase Quantity. With effect from the date on which Pricing Approval and Reimbursement Approval has been received by Licensee for the Product in each of France, Germany, Italy, Spain and the United Kingdom, on a calendar year basis, to be calculated on a pro-rata basis for any partial years where applicable, Licensee undertakes to order the following amounts of Product within the December Rolling Forecast for the immediate calendar year following such forecast delivered in accordance with Section 4.2 (hereinafter referred to as the “Minimum Purchase Quantity”):
4.5.1 [***] of the volume of Product set out in the first Calendar Quarter of the December Rolling Forecast for such calendar year;
4.5.2 [***] of the volume of Product set out in the second Calendar Quarter of the December Rolling Forecast for such calendar year;
4.5.3 [***] of the volume of Product set out in the third Calendar Quarter of the December Rolling Forecast for such calendar year; and
4.5.4 [***] of the volume of Product set out in the fourth Calendar Quarter of December Rolling Forecast for such calendar year. If Licensee does not order the Minimum Purchase Quantity in any calendar year, then Licensee shall have the opportunity to remedy such default by paying to Fennec an amount equal to the deficiency, or placing orders of Product having an aggregate purchase price to Fennec hereunder equal to the deficiency, in either case, within [***] days from Fennec issuing written notice to Licensee of the foregoing. For clarity, any failure by Licensee to remedy such default in accordance with the foregoing after Fennec’s written notice shall constitute a material breach by Licensee for the purposes of Section 12.2. If, at any time, a Generic Product or Competing Product is launched in a country or other jurisdiction in the Territory, Licensee shall have the right to revise the applicable December Rolling Forecast by a reasonable amount of Product, and the Minimum Purchase Quantities set out above shall be deemed amended accordingly.
Minimum Purchase Quantity. The Distribution Agreement is amended such that the minimum purchase quantity for 2007 shall be increased by 200% from the minimum purchase quantity for 2007 specified in Exhibit E, and the minimum purchase quantity for 2008 shall be increased by 184% from the 2008 minimum purchase quantity specified in Exhibit E. The annual minimum purchase quantity for each calendar year during the period from January 1, 2009 through 2014 shall be the same as the minimum purchase quantity for 2008 as calculated in accordance with this amendment.
