Common use of Obligation to Supply Clause in Contracts

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