Common use of Order Acceptance Clause in Contracts

Order Acceptance. The Orbital ATK Group shall accept all Orders placed by the Vista Outdoor Group in accordance with paragraph (a) above, unless, at the time of receiving such Order, the Orbital ATK Group reasonably believes it will be unable to fulfill such Order or satisfy the associated delivery schedule because of the circumstances described in Section 2(b) of this Agreement or because of a Force Majeure Event. Within 10 Business Days of receiving an Order placed by the Vista Outdoor Group in accordance with paragraph (a) above, LLC shall acknowledge receipt and either confirm in writing to FCC that it will be able to supply the 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 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 Order shall automatically be deemed modified to remove any Powder Products that the Orbital ATK Group has notified that it will be unable to fulfill or for which the Parties are unable to agree on a delivery schedule, and, effective upon receipt by FCC of the applicable confirmation or notification (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 Powder Products identified therein. Notwithstanding the Vista Outdoor Group’s exclusivity obligation set forth in Section 9 of this Agreement, to the extent that LLC has notified FCC that it will be unable to fulfill the entirety of any Order or where 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 Order from alternative suppliers (or manufacture such Powder 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 (ab) or (c) above, respectively, unless, (i) such order includes terms inconsistent with this Agreement, or (ii) at the time of receiving such Orderan order, 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 10 six Business Days of receiving a Binding FY Order or an Additional Order placed by the Vista Outdoor Group in accordance with paragraph (ab) 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 Powder 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). 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 Powder Ammunition Products that the Orbital ATK Group has notified that it will be unable to fulfill or for which the Parties are unable to agree on a delivery schedulefulfill, and, effective upon receipt by FCC of the applicable confirmation or notification (and, where applicable, after good faith negotiations to develop a mutually acceptable delivery schedule)notification, the resulting order shall constitute a binding commitment by the Vista Outdoor Group to purchase the Powder Ammunition Products identified therein. Notwithstanding the Vista Outdoor Group’s exclusivity obligation set forth in Section 9 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 where the Parties are unable to agree on a delivery scheduleany 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 Powder Ammunition Products itself).

Order Acceptance. The Orbital ATK Group shall accept all a. Agent expressly acknowledges that: (i) its appointment hereunder is as a non-exclusive sales representative for MWW Services as offered by MWW; (ii) any solicitation by Agent of Orders placed by from customers for the Vista Outdoor Group in accordance with paragraph (a) above, unless, at the time of receiving such Order, the Orbital ATK Group reasonably believes it MWW Services will be unable subject to fulfill MWW acceptance, in its sole discretion, of such Order or satisfy Orders and the associated delivery schedule because availability, from time to time, of the circumstances described in Section 2(bMWW Services; (iii) of this Agreement MWW has no responsibility or because of a Force Majeure Event. Within 10 Business Days of receiving an Order placed by liability whatsoever to Agent with respect to the Vista Outdoor Group in accordance with paragraph (a) above, LLC shall acknowledge receipt and either confirm in writing to FCC that it will be able to supply the Powder Products in accordance with the included delivery schedule or, alternatively, notify FCC of any portion continued availability or operation of the order that it will be unable MWW Services or MWW's acceptance of, or failure to fulfill and the specific cause of such inability (whichaccept, Orders for the avoidance of doubt, shall only be because 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 Order shall automatically be deemed modified to remove any Powder Products that the Orbital ATK Group has notified that it will be unable to fulfill or for which the Parties are unable to agree on a delivery scheduleMWW Services from customers solicited by Agent, and, effective upon receipt (iv) MWW has the right to independently verify all Orders submitted by FCC Agent and reject without penalty any Orders not verified as accurate or complete. Agent agrees to use the wireless service activation and other forms (and their online equivalents) supplied by MWW and to comply with all reasonable procedures prescribed by MWW for solicitation of MWW Service Orders (including without limitation those relating to Online Orders). Agent agrees to secure original signed wireless service agreements from all Orders prior to activating such Orders for MWW Services and to submit the wireless service agreements by mail to MWW within thirty (30) business days of initiation of service. In the instance of an Online Order, Agent must submit wireless service agreements as specified in Section 7 below. MWW will have no obligation to pay activation commissions on any Account unless the sign ed application for that Account is received within ninety (90) days of the applicable confirmation or notification (andMIN being activated. Agent will not, where applicableunder any circumstances, after good faith negotiations activate any customer without MWW prior consent and credit approval. b. MWW may, from time to develop time and at its discretion, submit leads of potential customers to Agent. The submission of any lead is not and may not be deemed to be MWW approval of the lead as a mutually acceptable delivery schedule)customer and Agent is responsible for ensuring that the lead is a proper customer prior to submitting any Order, though Agent is under no obligation to so solicit the resulting order shall constitute a binding commitment leads submitted by the Vista Outdoor Group to purchase the Powder Products identified thereinMWW. Notwithstanding the Vista Outdoor Group’s exclusivity obligation MWW may, as set forth in Section 9 of this Agreement, to the extent that LLC has notified FCC that it will be unable to fulfill the entirety of refuse any Order for service submitted by Agent from leads referred to Agent by MWW. c. As indicated above, all Orders submitted by Agent are subject to credit screening and credit approval by MWW in its sole discretion. MWW has the absolute right to reject Orders or where the Parties are unable to agree require deposits or other forms of security based on a delivery schedule, the Vista Outdoor Group may, at its own cost, “cover” and procure the unfulfilled portion MWW's estimation of such Order from alternative suppliers (or manufacture such Powder Products itself)customer's creditworthiness.

Order Acceptance. The Orbital ATK Group shall Supplier will accept all Orders placed by for Imported Product that comply with the Vista Outdoor Group applicable Lead Time(s) and 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 for Imported Product that exceed the applicable Quantity Commitment; provided, however, in accordance 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 (5) business days of receipt thereof (the “Order Confirmation”) or indicate a reason in writing for rejection of an Order (in whole or in part). Any Orders that are neither expressly accepted nor rejected within such five (5) business day period will be deemed accepted as is (subject to the applicable Quantity Commitment). If an Order requests a delivery date for Imported Product that is inconsistent with paragraph (a) abovean applicable Lead Time or requests a quantity of Imported Product that would result in the Quantity Commitment being exceeded for the applicable calendar month, unlessSupplier may, at in its Order Confirmation, either accept the time of receiving such Order, Order or modify the Orbital ATK Group reasonably believes terms on which it will be unable accept the Order to fulfill such bring the Order or satisfy into compliance with the associated delivery schedule because applicable Lead Time and/or the Quantity Commitment; provided that if Supplier modifies the quantity 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 10 Business Days of receiving an the Order placed by the Vista Outdoor Group in accordance with paragraph (a) aboveConfirmation whether, LLC shall acknowledge receipt and either confirm in writing to FCC what extent, it expects that it will may be able to supply fulfill any portion(s) of the Powder 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 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 Order shall automatically be deemed modified to remove any Powder Products that the Orbital ATK Group has notified that it will be unable to fulfill or for which the Parties are unable to agree on a delivery schedule, and, effective upon receipt by FCC of the applicable confirmation or notification (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 Powder Products identified therein. Notwithstanding the Vista Outdoor Group’s exclusivity obligation set forth in Section 9 of this Agreement, to the extent that LLC has notified FCC that it will be unable to fulfill the entirety of any Order or where 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 Order from alternative suppliers (or manufacture such Powder Products itself)Supplier.