Common use of Order and Acceptance Clause in Contracts

Order and Acceptance. The forecast for the first Sales Quarter in each of Paladin's rolling forecasts made pursuant to Article 5.2 above shall constitute Paladin's firm order for that Sales Quarter, and all firm orders shall specify delivery date(s) no less than ninety (90) days from the date of such firm order. Paladin shall not increase or decrease its forecast (by SKU and in total), for the second Sales Quarter in each of Paladin's rolling forecasts made pursuant to Article 5.2 above, by more than twenty percent (20%). VIVUS shall accept all firm orders from Paladin for quantities of Product up to and including one hundred twenty percent (120%) of the quantity (by SKU and in total) of Product previously forecasted by Paladin for such Sales Quarter, and shall use its best efforts to accept all firm orders from Paladin for quantities of Product in excess of that quantity of Product. Paladin shall not increase or decrease its forecast, for the third Sales Quarter in each of Paladin's rolling forecasts made pursuant to Article 5.2 above, by more than fifty percent (50%). VIVUS shall accept all firm orders from Paladin for quantities of Product up to and including one hundred fifty percent (150%) of the quantity of Product previously forecasted by Paladin for such Sales Quarter, and shall use its best efforts to accept all firm orders from Paladin for quantities of Product in excess of that quantity of Product. Once an order has been accepted by VIVUS, then VIVUS shall be obligated to sell, and Paladin shall be obligated to purchase, the ordered Product. It is understood and agreed that VIVUS' obligations to supply Product will be in full lot quantities and that VIVUS will not split lots for supply of Product to Paladin in the Territory.

Order and Acceptance. The forecast for the first Sales Quarter in each of Paladin's rolling Abboxx'x xxxling forecasts made pursuant to Article 5.2 above shall constitute Paladin's firm Abboxx'x xxxm order for that Sales Quarter, and all firm orders shall specify delivery date(s) no less than ninety (90) days from the date of such firm order. Paladin shall Abboxx xxxll not increase or decrease its forecast (by SKU and in total), for the second Sales Quarter in each of Paladin's rolling Abboxx'x xxxling forecasts made pursuant to Article 5.2 above, by more than twenty percent (20%). VIVUS shall accept all firm orders from Paladin for Abboxx xxx quantities of Product Products up to and including one hundred twenty percent (120%) of the quantity (by SKU and in total) of Product Products previously forecasted by Paladin for Abboxx xxx such Sales Quarter, and shall use its best efforts to accept all firm orders from Paladin for Abboxx xxx quantities of Product Products in excess of that quantity of ProductProducts. Paladin shall Abboxx xxxll not increase or decrease its forecast, for the third Sales Quarter in each of Paladin's rolling Abboxx'x xxxling forecasts made pursuant to Article 5.2 above, by more than fifty percent (50%). VIVUS shall accept all firm orders from Paladin for Abboxx xxx quantities of Product Products up to and including one hundred fifty percent (150%) of the quantity of Product Products previously forecasted by Paladin for Abboxx xxx such Sales Quarter, and shall use its best efforts to accept all firm orders from Paladin for Abboxx xxx quantities of Product Products in excess of that quantity of ProductProducts. Once an order has been accepted by VIVUS, then VIVUS shall be obligated to sell, and Paladin shall Abboxx xxxll be obligated to purchase, the ordered Product. It is understood and agreed that VIVUS' obligations to supply Product will be in full lot quantities and that VIVUS will not split lots for supply of Product to Paladin in the TerritoryProducts.

Order and Acceptance. The forecast for the first Sales Quarter in each of PaladinMEDA's rolling forecasts made pursuant to Article Section 5.2 above shall constitute PaladinMEDA's firm order for that Sales Quarter, and all firm orders shall specify delivery date(s) no less than ninety (90) days from the date of such firm order. Paladin MEDA shall not increase or decrease its forecast (by SKU and in total), for the second Sales Quarter in each of PaladinMEDA's rolling forecasts made pursuant to Article Section 5.2 above, above by more than twenty percent (20%). VIVUS shall accept all firm orders from Paladin MEDA for quantities of Product up to and including one hundred twenty percent (120%) of the quantity (by SKU and in total) of Product previously forecasted by Paladin MEDA for such Sales Quarter, and shall use its best efforts to accept all firm orders from Paladin MEDA for quantities of Product in excess of that quantity of Product. Paladin MEDA shall not increase or decrease its forecast, forecast (by SKU and in total) for the third Sales Quarter in each of PaladinMEDA's rolling forecasts made pursuant to Article Section 5.2 above by more than thirty-five percent (35%). VIVUS shall accept all firm orders from MEDA for quantities of Product up to and including one hundred thirty-five percent (135%) of the quantity of Product previously forecasted by MEDA for such Sales Quarter (by SKU and in total), and shall use its best efforts to accept all firm orders from MEDA for quantities of Product in excess of that quantity of Product. MEDA shall not increase or decrease its forecast for the fourth Sales Quarter in each of MEDA's rolling forecasts made pursuant to Section 5.2 above, by more than fifty percent (50%). VIVUS shall accept all firm orders from Paladin MEDA for quantities of Product up to and including one hundred fifty percent (150%) of the quantity of Product previously forecasted by Paladin MEDA for such Sales Quarter, and shall use its best efforts to accept all firm orders from Paladin MEDA for quantities of Product in excess of that quantity of Product. Once an order a forecast has been accepted by VIVUS, then VIVUS shall be obligated to sell, and Paladin MEDA shall be obligated to purchase, the ordered Product. It is understood and agreed that VIVUS' obligations to supply Product will be in full lot quantities and that VIVUS will not split lots for supply of Product to Paladin in the Territory.