Common use of Order and Acceptance Clause in Contracts

Order and Acceptance. 4.4.1 Disetronic shall submit orders for units of FreeStyle Products so that such orders are received by TheraSense at least *** prior to the requested shipment date of such units of FreeStyle Products. Disetronic shall be obligated to purchase *** the Binding Forecasts. TheraSense is obligated to accept Disetronic's purchase orders within five (5) working days after receipt thereof provided that the quantities of FreeStyle Products ordered by Disetronic in a calendar quarter are *** the full amount requested -8- Initials: ____ ____ *** CONFIDENTIAL TREATMENT REQUESTED by Disetronic in the Binding Forecasts for such calendar quarter ("Accepted Quantity") and such order is received by TheraSense at least *** prior to the requested shipment date. Subject to the foregoing, no order for quantities greater than a given Accepted Quantity shall be binding upon TheraSense unless and until accepted by TheraSense in writing, and TheraSense shall have no liability to Disetronic with respect to purchase orders that are not accepted. For example: if Disetronic delivers a Forecast on April 1, 2001, requesting 1000 units of Freestyle Product with SKU Number XYZ for the calendar quarter beginning July 1, 2001, then Disetronic shall be obligated to purchase *** such FreeStyle Product with SKU Number XYZ in the calendar quarter beginning July 1, 2001; and, TheraSense shall accept Disetronic's purchase order in such calendar quarter, provided that TheraSense received the purchase order *** in advance of the requested shipment date, and further provided that the quantity of such FreeStyle Products with SKU Number XYZ ordered by Disetronic for the calendar quarter beginning July 1, 2001 is not greater than ***.

Order and Acceptance. 4.4.1 Disetronic shall submit orders for units of FreeStyle Products so that such orders are received by TheraSense at least *** prior to the requested shipment date of such units of FreeStyle Products. Disetronic shall be obligated to purchase no less than *** of the Binding Forecasts. TheraSense is obligated to accept Disetronic's purchase orders within five (5) working days after receipt thereof provided that the quantities of FreeStyle Products ordered by Disetronic in a calendar quarter are not greater than *** above the full amount requested -8- Initials: ____ ____ *** CONFIDENTIAL TREATMENT REQUESTED by Disetronic in the Binding Forecasts for such calendar quarter ("Accepted Quantity") and such order is received by TheraSense at least *** prior to the requested shipment date. Subject to the foregoing, no order for quantities greater than a given Accepted Quantity shall be binding upon TheraSense unless and until accepted by TheraSense in writing, and TheraSense shall have no liability to Disetronic with respect to purchase orders that are not accepted. For example: if Disetronic delivers a Forecast on April 1, 2001, requesting 1000 units of Freestyle Product with SKU Number XYZ for the calendar quarter beginning July 1, 2001, then Disetronic shall be obligated to purchase no less than *** of such FreeStyle Product with SKU Number XYZ in the calendar quarter beginning July 1, 2001; and, TheraSense shall accept Disetronic's purchase order in such calendar quarter, provided that TheraSense received the purchase order *** in advance of the requested shipment date, and further provided that the quantity of such FreeStyle Products with SKU Number XYZ ordered by Disetronic for the calendar quarter beginning July 1, 2001 is not greater than ***.