Order Acknowledgment. An Order will be deemed to have been placed as of the date of receipt of the Order. The receiving Party will promptly confirm the receipt of an Order electronically or through facsimile to the ordering Party within two working days. Orders that are within the allowed variances from the forecasts, as set out in Section 8.7, will be deemed accepted upon receipt. All Orders will be deemed accepted if the receiving Party does not reject the Order or non-conforming item on the Order, in whole or in part, within ten business days of receipt of the Order. If an Order exceeds the Forecast or shortens the Lead Time, the receiving Party will use reasonable efforts to fill such excess or accommodate such shorter Lead Time.
Order Acknowledgment. An Order will be deemed to have been placed and shall be automatically binding upon and enforceable against Agilent as of the date of receipt of the Order by Agilent, but only to the extent that the Order is within the scheduled percentage flexibility of the Forecast related to that particular month as determined in accordance with EXHIBIT D and as modified by the provisions of Section 3.3(b), if applicable. Agilent shall reply to the Order within three (3) days of receipt thereof, providing an acknowledgement confirming (i) part numbers and oligo set identification numbers, (ii) the oligo set design file, (iii) volume of each item, (iv) Delivery Dates and (v) prices per Array Product and total invoice amount for the Order. For Orders exceeding Forecasts by more than the scheduled percentage for any particular month, Agilent will have five days in which to confirm the Order with respect to the excess. If an Order exceeds the Forecast for any particular month by more than the scheduled percentage set forth on EXHIBIT D, Agilent shall fabricate and deliver on or prior to the Delivery Date that portion of the Order that does not exceed the Forecast by more than such scheduled percentage, and as an accommodation to Rosetta, use reasonable commercial efforts to fabricate and deliver on or prior to the Delivery Date and thereafter the remainder of such Order. An Order may not be amended except by a written amendment executed according to Section 15.10 below. Agilent will notify Rosetta within three (3) days if it determines that it will not be able to meet any of the terms of a Order, including, but not limited to, Delivery Dates. In addition, Agilent will notify Rosetta promptly of any supply constraints (e.g., materials, vendor contracts, facilities, capacity, or failure of the [***] of which it becomes aware or significant commercial relationships with third-party purchasers of Array Products that in any case may affect its ability to fabricate and deliver the Array Products in *MATERIAL HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT, AND SUCH MATERIAL HAS BEEN FILED SEPARATELY WITH THE SEC. accordance with the terms of any Order. Subject to Section 3.3(b), no such notification by Agilent or acknowledgement of such notification by Rosetta shall relieve Agilent of any liability for a breach of this Agreement or an Order.
Order Acknowledgment. All equipment purchase orders must reference Seller quotation and must be acknowledged in writing by Seller to be deemed accepted.
Order Acknowledgment. Manufacturing Party shall confirm its receipt of an Order electronically or by facsimile within five (5) Business Days of its receipt of each Order, stating the applicable Product purchase price and expected Delivery Date. For any Orders that exceed one hundred twenty-five percent (125%) of the applicable Forecast in quantity, manufacturing Party may reject such Orders to the extent such Order exceeds 125% of the applicable Forecast. Manufacturing Party shall specifically acknowledge or reject any Order that exceeds125% of the Forecast within five (5) Business Days from the date on which it receives an Order, or the order will be deemed accepted and binding on the Parties.
Order Acknowledgment. MOTOROLA shall acknowledge receipt of order and provide scheduled ship date within * * after receipt. Should MOTOROLA, acting in good faith, not find an order acceptable, MOTOROLA shall, with reasonable ** Confidential portions omitted and filed separately with the Commission pursuant to an application for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended. specificity and clarity, communicate such to PARTNERS within the associated receipt notification.
Order Acknowledgment. STRATASYS will confirm its receipt of an Order electronically or through facsimile to HP within *** from receipt from STRATASYS, stating price and expected Delivery Date. Any order may be rejected by STRATASYS to the extent such Order exceeds the applicable Forecast. If STRATASYS does not confirm acceptance of any such Order exceeding the Forecast within *** from the date on which STRATASYS receives such Order, any such Order, to the extent exceeding the Forecast, shall deem to have been rejected by STRATASYS. In any case, the Parties will in good faith address the order rejection and pursue future manufacture and delivery of Products within the applicable Lead Time. Additionally, in the event that any Order is within the Forecast, but requests Delivery within a time period shorter than the Lead Time, STRATASYS will not reject the order, but will accept, manufacture and deliver such Products within the Lead Time.
Order Acknowledgment. Toshiba agrees to accept all Product purchase orders -------------------- within the Forecasts issued under this Agreement and agrees not to reject or defer orders for which production capacity may be available as contemplated in Section 3.5 above. Toshiba will use diligent efforts to manufacture Products in excess of the Forecast, subject to its then existing third-party capacity commitments. Toshiba agrees to deliver a written acknowledgment of such purchase order within three (3) working days after receipt of the purchase order. In all events, Toshiba's failure to deliver such an acknowledgment shall be deemed an acceptance of the purchase order.
Order Acknowledgment. An Order will be deemed to have been placed as of -------------------- the date of receipt of the Order by Foundry. Foundry will promptly confirm the receipt of an Order through facsimile or electronically to HP by the end of the next working day following receipt of the order by Foundry. Orders within Forecasts and Lead Time requirements of this Agreement will be deemed accepted upon receipt by Foundry. For Orders exceeding Forecast, Foundry will have two (2) additional working day in which to reject or acknowledge the order with respect to the excess.
Order Acknowledgment. Purchase of Products will be initiated by an issuance of an Order by VOLCANO. EI will acknowledge the Order with a delivery date. If an Order exceeds the Forecast or shortens the Purchase Order Lead Time, EI will use its commercially reasonable efforts to fill such excess or accommodate such shorter Purchase Order Lead Time. Any expedite fees associated with an order in excess of Forecast will be agreed by both Parties in advance of any action or work to fulfill the Order.
Order Acknowledgment. A PO shall be deemed to have been placed as of the date of confirmation of receipt of the PO by D&K. D&K will confirm the receipt of a PO electronically or through facsimile to CLIENT within five (5) working days for all orders placed. D&K shall have five (5) additional working days in which to accept or reject the Order for orders of similar volumes and delivery schedules. D&K shall accept all PO’s that conform to the terms of this Agreement and provide sufficient Lead Time (including Order increases).
