Non- or late Deliveries. In the event that CPL is unable to provide Delivery of the Product on or before a date of Delivery specified in the applicable Purchase Order, CPL shall notify OptiNose of such delay and provide the revised date for Delivery. If CPL fails to Deliver the Product in the quantities ordered in any accepted Purchase Order within [***] ([***]) business days of the date specified in such Purchase Order, for reasons other than Force Majeure, then in addition to, and without waiver or limitation of any of its other rights hereunder, at law or in equity, OptiNose shall be entitled to a discount of [***] percent ([***]%) off the price of the late-delivered Product for each week that Delivery is delayed (retroactive to the first day of such delay) up to a maximum discount of [***] percent ([***]%). The adjusted price for the Product shall be reflected by CPL in its invoice. However, if CPL fails, for any reason other than Force Majeure lasting more than [***] ([***]) calendar days, to Deliver Product pursuant to an accepted Purchase Order in accordance with its terms, in addition to, and without waiver or limitation of any of its other rights hereunder, at law or in equity, such failure shall constitute a Supply Failure pursuant to Section 2.11, and OptiNose may elect to cancel such Purchase Order and order the Product from the unfulfilled Purchase Order from a Back-up Supplier, as provided in Section 2.11 below. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Non- or late Deliveries. In the event that Ximedica is unable to make delivery by a ready to ship date specified in the applicable Purchase Order, Ximedica shall immediately notify OptiNose (and any designee of OptiNose) of such delay and provide the date of availability for the shipment. If Ximedica fails to deliver the LDSAs in the quantities ordered in any Purchase Order within [***] of the date specified in such Purchase Order, then in addition to, and without waiver or limitation of any of its other rights hereunder, at law or in equity, OptiNose shall be entitled to a discount of [***]; provided, however such discount shall not apply to the extent such failure to timely deliver by Ximedica is [***]; provided, further, that in all instances Ximedica shall use its [***] to timely deliver LDSAs even if there were prior delays in the OptiNose Components due to [***]. The adjusted price shall be reflected by Ximedica in its invoice relating to the affected Purchase Order.
Non- or late Deliveries. In the event that Hikma reasonably determines that it may be unable to provide Delivery of the Product on or before a date of Delivery specified in the applicable Purchase Order, Hikma shall promptly notify OptiNose of such potential delay and shall, if necessary, promptly provide a revised date for Delivery. [***]. However, if Hikma fails, for any reason other than Force Majeure, to Deliver Product pursuant to an accepted CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY “[***]”, HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL
