Common use of Obligation to Supply Clause in Contracts

Obligation to Supply. (a) PEKO will acknowledge all Purchase Orders within five (5) Business Days following receipt of same either accepting such Purchase Order or rejecting such Purchase Order and will deliver all orders within the agreed to lead time following the acceptance of the applicable Purchase Order. PEKO will make best efforts to accept all Purchase Orders for a particular calendar month to the extent that the Purchase Order (1) does not exceed the amount of the non-binding Forecast for such calendar month, and (2) requires delivery no less than ninety (90) days following the date on which PEKO receives the Purchase Order. PEKO will not be in breach of this Section 3.4 if PEKO’s failure to supply Products is due to a Force Majeure event or if PEKO’s failure is limited to quantities in excess of the quantities specified in the binding Forecast period.

Obligation to Supply. (a) PEKO will acknowledge all Purchase Orders within five (5) Business Days following receipt of same either accepting such Purchase Order or rejecting such Purchase Order and will deliver all orders within the agreed to lead time following the acceptance of the applicable Purchase Order. PEKO will make best efforts to accept all Purchase Orders for a particular calendar month to the extent that the Purchase Order (1) does not exceed the amount of the non-binding Forecast for such calendar month, and (2) requires delivery no less than ninety (90) days [***] following the date on which PEKO receives the Purchase Order. PEKO will not be in breach of this Section 3.4 if PEKO’s failure to supply Products is due to a Force Majeure event or if PEKO’s failure is limited to quantities in excess of the quantities specified in the binding Forecast period.