Common use of Order and Acceptance Clause in Contracts

Order and Acceptance. On a month-to-month and FreeStyle -------------------- Product-by-FreeStyle Product basis, Nipro shall submit orders for units of FreeStyle Products so that such orders are received *** Confidential treatment requested by TheraSense *** prior to its requested date of receipt of such units of FreeStyle Products. Unless otherwise mutually agreed, Nipro shall be obligated to purchase each month *** the amount of FreeStyle Products forecasted for such month in its current Forecast ("Binding Forecasts"). No order shall be binding upon TheraSense until accepted by TheraSense in writing but TheraSense agrees to accept Nipro's purchase orders for quantities of FreeStyle Products ordered by Nipro in a month *** the Binding Forecast for such month. Once accepted by TheraSense, Nipro may cancel or reschedule purchase orders for FreeStyle Products only with TheraSense's prior written approval. Nipro will use commercially reasonable efforts to place orders for FreeStyle Products in an even and regular fashion so as to allow for efficient scheduling of FreeStyle Products production and warehousing. In the event TheraSense receives a purchase order *** in advance of the requested receipt date or for a quantity that is *** the Binding Forecast for a month, TheraSense will use commercially reasonable best efforts to ship such FreeStyle Products to Nipro on the date and in the quantity requested by Nipro; provided, TheraSense shall have no liability to Nipro with respect to such orders that do not meet the requirement of this Section 5.4 and are not accepted by TheraSense.

Order and Acceptance. On a month-to-month and FreeStyle -------------------- Product-by-FreeStyle Product basis, Nipro shall submit orders for units of FreeStyle Products so that such orders are received *** Confidential treatment requested by TheraSense at least *** prior to its requested date of receipt of such units of FreeStyle Products. Unless otherwise mutually agreed, Nipro shall be obligated to purchase each month no less than *** of the amount of FreeStyle Products forecasted for such month in its current Forecast ("Binding Forecasts"). No order shall be binding upon TheraSense until accepted by TheraSense in writing but TheraSense agrees to accept Nipro's purchase orders for quantities of FreeStyle Products ordered by Nipro in a month up to *** of the Binding Forecast for such month. Once accepted by TheraSense, Nipro may cancel or reschedule purchase orders for FreeStyle Products only with TheraSense's prior written approval. Nipro will use commercially reasonable efforts to place orders for FreeStyle Products in an even and regular fashion so as to allow for efficient scheduling of FreeStyle Products production and warehousing. In the event TheraSense receives a purchase order less than *** in advance of the requested receipt date or for a quantity that is greater than *** of the Binding Forecast for a month, TheraSense will use commercially reasonable best efforts to ship such FreeStyle Products to Nipro on the date and in the quantity requested by Nipro; provided, TheraSense shall have no liability to Nipro with respect to such orders that do not meet the requirement of this Section 5.4 and are not accepted by TheraSense.