Common use of Order and Acceptance Clause in Contracts

Order and Acceptance. All orders for Product submitted by Distributor shall be initiated by written purchase orders sent to Micrus via a method set forth in Section 11.5 and requesting a delivery date during the term of this Agreement; provided, however, that an order may initially be placed orally, by telefax or by e-mail if a confirming written purchase order is received by Micrus within [***] after said oral, telefax or e-mail order. To facilitate Micrus’ production scheduling, Distributor shall submit purchase orders to Micrus at least [***] prior to the first day of the requested month of delivery. No order shall be binding upon Micrus until accepted by Micrus in writing, and Micrus shall have no liability to Distributor with respect to purchase orders that are not so accepted. Micrus shall either: (i) notify Distributor, in writing, of the acceptance or rejection of an order (or any portion thereof) and of the assigned delivery date for accepted orders with [***] of receipt of the purchase order; or (ii) send Product pursuant to such accepted order. No partial fulfillment of an order shall constitute a commitment to fulfill the entire order, absent the written acceptance of such entire order. Micrus shall use its commercially reasonable efforts to deliver Product at the time specified in its written acceptance of Distributor’s purchase orders. Micrus reserves the right at any time to discontinue the manufacture, supply or sale of any Product, to make changes in materials or design, or to add improvements to any Product, without incurring any liability whatsoever.

Order and Acceptance. All Before accepting order from its customers, Sun shall place written order inquiry for the Products with Manufacturer on Sun's standard order inquiry form setting forth the quantity of Products, the specifications therefor, and the desired delivery date. Manufacturer shall use its reasonable best efforts to notify Distributor of the acceptance or rejection of an order inquiry and of the assigned delivery date for accepted orders within five (5) days after -------- * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. receipt of the order inquiry. Upon acceptance of the order inquiry by the Manufacturer, Sun shall place written orders for Product submitted by Distributor shall be initiated by written the Products with Manufacturer on Sun's standard purchase orders sent to Micrus via a method set order form setting forth in Section 11.5 the quantity of Products, the specifications therefor, and requesting a the desired delivery date during the term of this Agreement; provided, however, that an order may initially be placed orally, as agreed by telefax or by e-mail if a confirming written purchase order is received by Micrus within [***] after said oral, telefax or e-mail orderManufacturer. To facilitate Micrus’ Manufacturer's production scheduling, Distributor shall submit purchase orders to Micrus Manufacturer at least [***] sixty (60) days prior to the first day of the requested month of delivery. No order shall be binding upon Micrus Manufacturer until accepted by Micrus Manufacturer in writing, and Micrus Manufacturer shall have no liability to Distributor with respect to purchase orders that are not so accepted. Micrus shall either: (i) notify Distributor, in writing, of the acceptance or rejection of an order (or any portion thereof) and of the assigned delivery date for accepted orders with [***] of receipt of the purchase order; or (ii) send Product pursuant to such accepted order. No partial fulfillment shipment of an order shall constitute a commitment to fulfill the acceptance of the entire order, absent the written acceptance of such entire order. Micrus Manufacturer shall use its commercially reasonable best efforts to deliver Product Products at the time times specified either in its quotation or in its written acceptance of Distributor’s 's purchase orders. Micrus reserves The Products sold to Sun by Manufacturer shall be shipped F.O.B. (as defined in Section 2319 of the right California Uniform Commercial Code) Manufacturer's factory at any time Fremont, CA to discontinue the manufacturedestination in the Territory designated by Sun in the purchase order, unless otherwise agreed by the parties. Sun will supply or sale of any Product, to make changes in materials or design, or to add improvements to any Product, without incurring any liability whatsoever[*] rolling forecast throughout the agreement.

Order and Acceptance. All orders Purchase Orders for Product Equipment or Licensed Materials submitted by Distributor OEM shall be initiated by written purchase orders a Purchase Order sent to Micrus via a method set forth in Section 11.5 Netronome and requesting a delivery date Scheduled Delivery Date during the term of this AgreementTerm; provided, however, that an order a Purchase Order may initially be placed orally, by telefax orally or by e-mail telecopy or telex if a confirming written purchase order hard copy of the Purchase Order is received by Micrus Netronome within [***] ten (10) days after said such oral, telefax telecopy or e-mail order. To facilitate Micrus’ production scheduling, Distributor shall submit purchase orders to Micrus at least [***] prior to the first day of the requested month of deliverytelex Purchase Order. No order Purchase Order shall be binding upon Micrus Netronome until accepted by Micrus Netronome in writingwriting (electronically or otherwise), and Micrus Netronome shall have no liability to Distributor OEM with respect to purchase orders Purchase Orders that are not so accepted. Micrus Netronome shall either: (i) use reasonable commercial efforts to notify Distributor, in writing, OEM of the acceptance or rejection of an order (or any portion thereof) a Purchase Order and of the assigned delivery date for accepted orders with [***] of receipt Purchase Orders within five (5) days after Receipt of the purchase order; or Purchase Order. OEM shall submit Purchase Orders and Change Orders to Netronome consistent with the applicable lead times set forth in Exhibit B-1 (ii) send Product pursuant as amended from time to such accepted ordertime by Netronome). No partial fulfillment shipment of an order a Purchase Order shall constitute a commitment to fulfill the acceptance of the entire orderPurchase Order, absent the written acceptance of such entire orderPurchase Order. Micrus Netronome shall use its commercially reasonable commercial efforts to deliver Product at the time Deliver Equipment or other Licensed Materials as specified in its Netronome’s written acceptance of DistributorOEM’s purchase orders. Micrus reserves Purchase Order; provided, however, that in the right at any time case of an accepted Emergency Purchase Order, Netronome shall use reasonable best efforts to discontinue the manufacture, supply Deliver such Equipment or sale of any Product, to make changes in materials or design, or to add improvements to any Product, without incurring any liability whatsoeverother Licensed Materials.

Order and Acceptance. All orders for Product Products submitted by Distributor SST -------------------- shall be initiated only by written the office at SST's address for notice hereunder. [*] - Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portion. All orders shall be by means of signed written, telexed or FAXed purchase orders sent to Micrus via a method set forth in Section 11.5 FMT at FMT's address for notice hereunder, and requesting a delivery date during the term of this Agreement; provided, however, that an order may initially be placed orally, by telefax or by e-mail orally if a confirming written confirmational written, telexed or FAXed purchase order is received by Micrus FMT within [***] after said oral, telefax or e-mail oral order. To facilitate Micrus’ FMT's production scheduling, Distributor shall SST shall: (i) submit purchase orders to Micrus FMT at least [***] prior to the first requested day of the requested delivery; and (ii) not order more than [*] in any given month of delivery[*] unless such order has been pre-approved by FMT. No order shall be binding upon Micrus [*] FMT until accepted by Micrus FMT in writing, and Micrus FMT shall have no liability to Distributor SST with respect to purchase orders that are not so accepted. Micrus FMT shall either: (i) use its reasonable efforts to notify Distributor, in writing, SST with respect to purchase orders that are not accepted. FMT shall use its reasonable efforts to notify SST of the acceptance or rejection of an order (or any portion thereof) and of the assigned delivery date for accepted orders with within [***] of receipt of the purchase order; or (ii) send Product pursuant to such accepted order. No partial fulfillment shipment of an order shall constitute a commitment to fulfill the acceptance of the entire order, absent the written acceptance of such entire order. Micrus Once accepted by FMT, SST may cancel or reschedule purchase orders for Products only with FMT's prior written approval. FMT shall use its commercially reasonable efforts to deliver Product Products at the time times specified either in its quotation or in its written acceptance of Distributor’s purchase SST's orders. Micrus reserves the right at any time to discontinue the manufacture, supply or sale of any Product, to make changes in materials or design, or to add improvements to any Product, without incurring any liability whatsoever.

Order and Acceptance. All orders for Product Products submitted by Distributor DISTRIBUTOR shall be initiated by as written purchase orders order requests sent to Micrus via Manufacturer. Each Purchase Order should be accompanied by a method set forth in Section 11.5 and requesting request for a delivery date during the term of this Agreement; date, provided, however, that an order may initially be placed orally, by telefax or by e-mail orally if a confirming written non-cancelable purchase order request is received by Micrus fax or via the internet (email) at the Manufacturer within [***] 24 hours after said oral, telefax or e-mail order. To facilitate Micrus’ production scheduling, Distributor shall submit purchase orders to Micrus at least [***] prior to the first day of the requested month of deliveryoral order was placed. No order shall be binding upon Micrus Manufacturer until accepted by Micrus the Manufacturer in writing, and Micrus Manu­facturer shall have no liability to Distributor DISTRIBUTOR with respect to purchase orders order requests that are not so accepted. Micrus Manufacturer shall either: (i) use its reasonable best efforts to notify Distributor, in writing, DISTRIBUTOR of the acceptance or rejection of an order (or any portion thereof) and of the assigned delivery date for accepted orders with [***] of within two working (2) days after receipt of the purchase order; or (ii) send Product pursuant to such accepted orderorder request. No partial fulfillment shipment of an a purchase order shall constitute a commitment to fulfill the acceptance of the entire order, absent the written acceptance of such entire order. Micrus Manufacturer shall use its commercially reasonable best efforts to deliver Product Products at the time times specified either in its quotation or in its written acceptance of Distributor’s DISTRIBUTOR's purchase orders. Micrus reserves Delivery in a timely fashion by Manufacturer assumes that the right at any time DISTRIBUTOR has provided all quarterly forecasts as required herein, and Manufacturer has been properly notified of pending sales orders to discontinue DISTRIBUTOR’s customers in a timely fashion so adequate inventory could be manufactured to fulfill said purchase orders placed by the manufacture, supply or sale of any Product, to make changes in materials or design, or to add improvements to any Product, without incurring any liability whatsoeverDISTRIBUTOR.

Order and Acceptance. All orders for Product Products submitted by Distributor BUYER shall -------------------- be initiated by written purchase orders sent to Micrus via a method set forth in Section 11.5 Cirrus and requesting a delivery date during the term of this Agreement; provided, however, that an order may initially be placed orally, by telefax orally or by e-mail telecopy if a confirming confirmational written purchase order is received by Micrus Cirrus within [***] five (5) days after said oral, telefax oral or e-mail telecopy order. To facilitate Micrus’ Cirrus' production scheduling, Distributor BUYER shall submit purchase orders to Micrus Cirrus at least [***] prior to the first day of the requested month of deliveryin accordance with Cirrus' then current lead times. No order shall be binding upon Micrus Cirrus until accepted by Micrus Cirrus in writing, and Micrus Cirrus shall have no liability to Distributor BUYER with respect to purchase orders that are not so accepted, provided that Cirrus shall accept all orders submitted by BUYER in accordance with the terms hereof. Micrus Cirrus shall either: (i) use reasonable efforts to notify Distributor, in writing, BUYER of the acceptance or rejection of an order (or any portion thereof) and of the assigned delivery date for accepted orders with [***] of receipt of the purchase order; or (ii) send Product pursuant to such accepted orderorders. No partial fulfillment shipment of an order shall constitute a commitment to fulfill the acceptance of the entire order, absent the written acceptance of such entire order. Micrus Cirrus shall use its commercially reasonable efforts to deliver Product Products at the time times specified either in its quotation or in its written acceptance of Distributor’s BUYER's purchase orders. Micrus reserves the right at any time to discontinue the manufacture, supply or sale of any Product, to make changes in materials or design, or to add improvements to any Product, without incurring any liability whatsoever.