Common use of Non-cancelable Costs and Expenses Clause in Contracts

Non-cancelable Costs and Expenses. In the event of the termination of this Agreement, except by Celator as a result of a breach by Xxxxxx under Section 8.2, Celator shall (a) reimburse Xxxxxx for all Xxxxxx-supplied Components ordered prior to termination and not cancelable without cost to Xxxxxx or, if less, at Celator’s option shall reimburse Xxxxxx for the costs of cancellation, and (b) pay Xxxxxx for any open Firm Purchase Orders. Moreover, Celator agrees to purchase from Xxxxxx at cost all semi-finished and finished Products in stock. Xxxxxx shall promptly deliver to Celator, at Celator’s cost, all Components, semi-finished and finished Products for which Celator reimburses Xxxxxx pursuant to this Section 8.4. Xxxxxx shall use commercially reasonable efforts to mitigate the costs and expenses of Celator under this Section 8.4. Celator shall make payment for all expenses described in this Section 8.4 thirty (30) days after the invoice date, which date shall not be earlier than the date of delivery of any related materials to Celator.