Common use of Order Acceptance Clause in Contracts

Order Acceptance. The Orbital ATK Group shall accept all Binding FY Orders and Additional Orders placed by the Vista Outdoor Group in accordance with paragraph (b) or (c) above, respectively, unless, (i) such order includes terms inconsistent with this Agreement, or (ii) at the time of receiving such an order, the Orbital ATK Group reasonably believes it will be unable to fulfill such order or satisfy the associated delivery schedule because of one or more of the circumstances described in Section 2(b) of this Agreement or because of a Force Majeure Event. Within six Business Days of receiving a Binding FY Order or an Additional Order placed by the Vista Outdoor Group in accordance with paragraph (b) or (c) above, respectively, LLC shall acknowledge receipt of such order and either confirm in writing to FCC that it will be able to supply the Ammunition Products in accordance with the included delivery schedule or, alternatively, notify FCC of any portion of the order that it will be unable to fulfill and the specific cause of such inability (which, for the avoidance of doubt, shall only be because of one or more of the circumstances described in Section 2(b) of this Agreement or because of a Force Majeure Event). Any Binding FY Order or Additional Order shall automatically be deemed modified to remove any Ammunition Products that the Orbital ATK Group has notified that it will be unable to fulfill, and, effective upon receipt by FCC of the applicable confirmation or notification, the resulting order shall constitute a binding commitment by the Vista Outdoor Group to purchase the Ammunition Products identified therein. Notwithstanding the Vista Outdoor Group’s exclusivity obligation set forth in Section 10(a) of this Agreement, to the extent that LLC has notified FCC that it will be unable to fulfill the entirety of any Binding FY Order or any Additional Order, the Vista Outdoor Group may, at its own cost, “cover” and procure the unfulfilled portion of such Binding FY Order or Additional Order, as applicable, from alternative suppliers (or manufacture such Ammunition Products itself).

Order Acceptance. The Orbital ATK Group shall accept all Binding FY Orders and Additional Orders placed by the Vista Outdoor Group in accordance with paragraph (b) or (ca) above, respectively, unless, (i) such order includes terms inconsistent with this Agreement, or (ii) at the time of receiving such an orderOrder, the Orbital ATK Group reasonably believes it will be unable to fulfill such order Order or satisfy the associated delivery schedule because of one or more of the circumstances described in Section 2(b) of this Agreement or because of a Force Majeure Event. Within six 10 Business Days of receiving a Binding FY Order or an Additional Order placed by the Vista Outdoor Group in accordance with paragraph (b) or (ca) above, respectively, LLC shall acknowledge receipt of such order and either confirm in writing to FCC that it will be able to supply the Ammunition Powder Products in accordance with the included delivery schedule or, alternatively, notify FCC of any portion of the order that it will be unable to fulfill and the specific cause of such inability (which, for the avoidance of doubt, shall only be because of one or more of the circumstances described in Section 2(b) of this Agreement or because of a Force Majeure Event). If the Orbital ATK Group cannot reasonably satisfy the proposed delivery schedule, it may propose an alternative delivery schedule and the Parties shall cooperate in good faith to develop a mutually acceptable delivery schedule. Any Binding FY Order or Additional Order shall automatically be deemed modified to remove any Ammunition Powder Products that the Orbital ATK Group has notified that it will be unable to fulfillfulfill or for which the Parties are unable to agree on a delivery schedule, and, effective upon receipt by FCC of the applicable confirmation or notificationnotification (and, where applicable, after good faith negotiations to develop a mutually acceptable delivery schedule), the resulting order shall constitute a binding commitment by the Vista Outdoor Group to purchase the Ammunition Powder Products identified therein. Notwithstanding the Vista Outdoor Group’s exclusivity obligation set forth in Section 10(a) 9 of this Agreement, to the extent that LLC has notified FCC that it will be unable to fulfill the entirety of any Binding FY Order or any Additional Orderwhere the Parties are unable to agree on a delivery schedule, the Vista Outdoor Group may, at its own cost, “cover” and procure the unfulfilled portion of such Binding FY Order or Additional Order, as applicable, from alternative suppliers (or manufacture such Ammunition Powder Products itself).

Order Acceptance. The Orbital ATK Group shall Supplier will accept all Binding FY Orders for Imported Product that comply with the applicable Lead Time(s) and Additional Quantity Commitment(s); provided that the quantities ordered (on a Product-by-Product basis) do not exceed the applicable Quantity Commitment. Supplier will use commercially reasonable efforts to fulfill Orders placed by for Imported Product that exceed the Vista Outdoor Group applicable Quantity Commitment; provided, however, in accordance with paragraph no event will Supplier be liable or otherwise held responsible for failure to fulfill Orders to the extent they exceed the applicable Quantity Commitment. Supplier will notify the applicable Purchaser of acceptance of an Order within five (b5) business days of receipt thereof (the “Order Confirmation”) or indicate a reason in writing for rejection of an Order (cin whole or in part). Any Orders that are neither expressly accepted nor rejected within such five (5) above, respectively, unless, business day period will be deemed accepted as is (i) such order includes terms subject to the applicable Quantity Commitment). If an Order requests a delivery date for Imported Product that is inconsistent with this Agreementan applicable Lead Time or requests a quantity of Imported Product that would result in the Quantity Commitment being exceeded for the applicable calendar month, Supplier may, in its Order Confirmation, either accept the Order or (ii) at modify the time of receiving such an order, the Orbital ATK Group reasonably believes terms on which it will be unable accept the Order to fulfill such order or satisfy bring the associated delivery schedule because Order into compliance with the applicable Lead Time and/or the Quantity Commitment; provided that if Supplier modifies the quantity of one or more of Imported Product in its Order Confirmation to bring the circumstances described Order into compliance with the Quantity Commitment, Supplier will also use commercially reasonable efforts to notify the Purchaser in Section 2(b) of this Agreement or because of a Force Majeure Event. Within six Business Days of receiving a Binding FY the Order or an Additional Order placed by the Vista Outdoor Group in accordance with paragraph (b) or (c) aboveConfirmation whether, respectivelyand to what extent, LLC shall acknowledge receipt of such order and either confirm in writing to FCC it expects that it will may be able to supply fulfill any portion(s) of the Ammunition Order that exceed the Quantity Commitment, it being understood that the notification is non-binding on Supplier (and it being understood that Purchasers will be required to accept any such Imported Products (up to the amount requested in accordance the original Order) that are delivered by Supplier and that are non-defective). The issuance of an Order Confirmation means that the terms of the Order have been agreed and that Supplier accepts the Order and agrees to be bound by the terms thereof, subject to the provisions of this Section 2.04. Upon Supplier’s issuance of an Order Confirmation, neither Party may cancel an accepted Order without the written consent of the other Party. Specifically, Purchasers agree that once an Order is accepted by Supplier, Purchasers will not cancel such Order and will accept and pay for all Imported Products manufactured by Supplier or its designees pursuant to the terms hereof; provided, however, that the Parties agree that any Order may be cancelled or modified by Purchasers with the included delivery schedule or, alternatively, notify FCC prior written consent of any portion of the order that it will be unable to fulfill and the specific cause of such inability (which, for the avoidance of doubt, shall only be because of one or more of the circumstances described in Section 2(b) of this Agreement or because of a Force Majeure Event). Any Binding FY Order or Additional Order shall automatically be deemed modified to remove any Ammunition Products that the Orbital ATK Group has notified that it will be unable to fulfill, and, effective upon receipt by FCC of the applicable confirmation or notification, the resulting order shall constitute a binding commitment by the Vista Outdoor Group to purchase the Ammunition Products identified therein. Notwithstanding the Vista Outdoor Group’s exclusivity obligation set forth in Section 10(a) of this Agreement, to the extent that LLC has notified FCC that it will be unable to fulfill the entirety of any Binding FY Order or any Additional Order, the Vista Outdoor Group may, at its own cost, “cover” and procure the unfulfilled portion of such Binding FY Order or Additional Order, as applicable, from alternative suppliers (or manufacture such Ammunition Products itself)Supplier.

Order Acceptance. The Orbital ATK Group All Purchase Orders shall accept all Binding FY Orders be deemed to ---------------- incorporate and Additional Orders placed by be subject to the Vista Outdoor Group terms and conditions of this Contract unless otherwise agreed in accordance with paragraph writing. All Purchase Orders, including electronic orders, shall contain the information necessary for Vendor to fulfill the order. All schedules and requested dates are subject to Vendor's concurrence, provided that if orders are made within the agreed to lead times specified in Exhibit E, Vendor shall not withhold its concurrence to the requested dates. No provision or data on any Purchase Order or contained in any documents attached to or referenced in any Purchase Order, or any subordinate document (b) or (c) abovesuch as shipping releases), respectively, unless, (i) such order includes terms which is inconsistent with this Agreement, or (ii) at the time of receiving such an order, the Orbital ATK Group reasonably believes it will be unable to fulfill such order or satisfy the associated delivery schedule because of one or more of the circumstances described in Section 2(b) terms of this Agreement or because Contract shall be binding, except data necessary for Vendor to fill the order. All such other data and provisions are hereby rejected. Electronic orders shall be binding on Owner notwithstanding the absence of a Force Majeure Event. Within six Business Days of receiving signature, provided that the parties have implemented a Binding FY Order or an Additional Order placed mutually acceptable electronic order process and such orders deemed to be binding have been issued by the Vista Outdoor Group in accordance with paragraph (b) or (c) above, respectively, LLC shall acknowledge receipt of such order Owner and either confirm in writing to FCC that it will be able to supply the Ammunition Products accepted by Vendor in accordance with the included delivery schedule or, alternatively, notify FCC of process agreed upon by the parties. Vendor may accept or reject any portion of Purchase Order placed in accordance with the order that it will be unable to fulfill and the specific cause of such inability (which, for the avoidance of doubt, shall only be because of one or more of the circumstances described in Section 2(b) terms of this Agreement Contract; provided that, any Purchase Order issued by Owner and not rejected in writing within ten (10) Business Days shall be deemed accepted by Vendor; provided further, Purchase Orders placed by Owner, any Affiliate or because on behalf of a Force Majeure Event)Related Operator shall be afforded no less favorable treatment in terms of acceptance than purchase orders placed by other customers of Vendor. Any Binding FY Order or Additional Order shall automatically be deemed modified to remove any Ammunition Products that the Orbital ATK Group has notified that it will be unable to fulfill, and, effective upon receipt by FCC of the applicable confirmation or notification, the resulting order shall constitute a binding commitment by the Vista Outdoor Group to purchase the Ammunition Products identified therein. Notwithstanding the Vista Outdoor Group’s exclusivity obligation delivery schedules and intervals and forecast requirements are set forth in Section 10(a) Exhibit E. While it is Vendor's objective to provide Owner with an acknowledgment of this Agreementeach order received, Owner shall advise Vendor to the extent that LLC has notified FCC that it will be unable to fulfill the entirety Owner becomes aware of any Binding FY missing or late notifications to ensure that the order has not been lost. Changes made by Owner to an accepted Purchase Order or shall be treated as a separate order unless the parties expressly agree otherwise. If any Additional such change affects Vendor's ability to meet its obligations under the original Purchase Order, any price, shipment date, or completion date quoted by Vendor with respect to such original order is subject to change and shall be addressed pursuant to the Vista Outdoor Group may, at its own cost, “cover” and procure the unfulfilled portion of such Binding FY Change Order or Additional Order, as applicable, from alternative suppliers (or manufacture such Ammunition Products itself)provisions below in Section 11.