Common use of Order Placement Procedure Clause in Contracts

Order Placement Procedure. The Purchaser shall place orders for Components to be supplied under the Agreement on Purchaser's standard English-language purchase order form, specifying the quantity of each type of Component ordered and the requested delivery date, which shall not in any event be longer than one hundred and twenty (120) days from the date of such purchase order; provided, however, that if due to complications and lead time for a particular Component (such as antigen) the Supplier of such Component requires a delivery lead time for manufacture of such Component greater than one hundred twenty days (120) from the date of such purchase order, the Parties shall negotiate in good faith a reasonable delivery date for such Component, not to be greater than one hundred and eighty (180) days from the date of the purchase order. Supplier shall not be obligated to deliver Components ordered prior to sixty (60) days after the applicable order is placed; however, Supplier agrees that it will use Reasonable Efforts to meet any earlier delivery date reasonably requested by Purchaser. To the extent any purchase order, invoice or acknowledgment form used by Supplier or Purchaser contains any provisions additional or contrary to the provisions of this Agreement, such additional or contrary provision shall have no force or effect and the terms of this Agreement shall control. In addition, all such orders shall comply with the other requirements of this Article 2. The total amount of Components ordered by Purchaser during a particular calendar quarter shall not in any event be less than one hundred percent (100%) of the amount of each such Component that was forecasted to be ordered for such quarter in the most recent forecast provided to Supplier, as set forth in Section 2.2 above, unless Supplier otherwise agrees in writing. In addition, Supplier shall not be obligated to supply any amounts in such order that are

Appears in 1 contract

Samples: Manufacturing and Supply Agreement (Dendreon Corp)

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Order Placement Procedure. The Purchaser shall place orders for Components to be supplied under the Agreement on Purchaser's standard English-language purchase order form, specifying the quantity of each type of Component ordered and the requested delivery date, which shall not in any event be longer than one hundred and twenty (120) days from the date of such purchase order; provided, however, that if due to complications and lead time for a particular Component (such as antigen) the Supplier of such Component requires a delivery lead time for manufacture of such Component greater than one hundred twenty days (120) from the date of such purchase order, the Parties shall negotiate in good faith a reasonable delivery date for such Component, not to be greater than one hundred and eighty (180) days from the date of the purchase order. Supplier shall not be obligated to deliver Components ordered prior to sixty (60) days after the applicable order is placed; however, Supplier agrees that it will use Reasonable Efforts to meet any earlier delivery date reasonably requested by Purchaser. To the extent any purchase order, invoice or acknowledgment form used by Supplier or Purchaser contains any provisions additional or contrary to the provisions of this Agreement, such additional or contrary provision shall have no force or effect and the terms of this Agreement shall control. In addition, all such orders shall comply with the other requirements of this Article 2. The total amount of Components ordered by Purchaser during a particular calendar quarter shall not in any event be less than one hundred percent (100%) of the amount of each such Component that was forecasted to be ordered for such quarter in the most recent forecast provided to Supplier, as set forth in Section 2.2 above, unless Supplier otherwise agrees in writing. In addition, Supplier shall not be obligated to supply any amounts in such order that areare in excess of one hundred ten percent (110%) of the amount of the particular Component that was forecasted in the most recent binding forecast to be ordered for such quarter; however, Supplier agrees that it will use Reasonable Efforts to supply such additional amounts. The Supplier shall use Reasonable Efforts to deliver the Components ordered in compliance with this Article 2. The Supplier shall immediately notify Purchaser in writing if Supplier determines that Supplier will not be able to supply a material amount of the most recent orders and/or forecasts of orders

Appears in 1 contract

Samples: Manufacturing and Supply Agreement (Dendreon Corp)

Order Placement Procedure. The Purchaser shall place orders for Components to be supplied under the Agreement on Purchaser's standard English-English- language purchase order form, specifying the quantity of each type of Component ordered and the requested delivery date, which shall not in any event be longer than one hundred and twenty (120) days from the date of such purchase order; provided, however, that if due to complications and lead time for a particular Component (such as antigen) the Supplier of such Component requires a delivery lead time for manufacture of such Component greater than one hundred twenty days (120) from the date of such purchase order, the Parties shall negotiate in good faith a reasonable delivery date for such Component, not to be greater than one hundred and eighty (180) days from the date of [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. the purchase order. Supplier shall not be obligated to deliver Components ordered prior to sixty (60) days after the applicable order is placed; however, Supplier agrees that it will use Reasonable Efforts to meet any earlier delivery date reasonably requested by Purchaser. To the extent any purchase order, invoice or acknowledgment form used by Supplier or Purchaser contains any provisions additional or contrary to the provisions of this Agreement, such additional or contrary provision shall have no force or effect and the terms of this Agreement shall control. In addition, all such orders shall comply with the other requirements of this Article 2. The total amount of Components ordered by Purchaser during a particular calendar quarter shall not in any event be less than one hundred percent (100%) of the amount of each such Component that was forecasted to be ordered for such quarter in the most recent forecast provided to Supplier, as set forth in Section 2.2 above, unless Supplier otherwise agrees in writing. In addition, Supplier shall not be obligated to supply any amounts in such order that areare in excess of one hundred ten percent (110%) of the amount of the particular Component that was forecasted in the most recent binding forecast to be ordered for such quarter; however, Supplier agrees that it will use Reasonable Efforts to supply such additional amounts. The Supplier shall use Reasonable Efforts to deliver the Components ordered in compliance with this

Appears in 1 contract

Samples: Manufacturing and Supply Agreement

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Order Placement Procedure. The Purchaser shall place orders for Components to be supplied under the Agreement on Purchaser's standard English-English- language purchase order form, specifying the quantity of each type of Component ordered and the requested delivery date, which shall not in any event be longer than one hundred and twenty (120) days from the date of such purchase order; provided, however, that if due to complications and lead time for a particular Component (such as antigen) the Supplier of such Component requires a delivery lead time for manufacture of such Component greater than one hundred twenty days (120) from the date of such purchase order, the Parties shall negotiate in good faith a reasonable delivery date for such Component, not to be greater than one hundred and eighty (180) days from the date of [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. the purchase order. Supplier shall not be obligated to deliver Components ordered prior to sixty (60) days after the applicable order is placed; however, Supplier agrees that it will use Reasonable Efforts to meet any earlier delivery date reasonably requested by Purchaser. To the extent any purchase order, invoice or acknowledgment form used by Supplier or Purchaser contains any provisions additional or contrary to the provisions of this Agreement, such additional or contrary provision shall have no force or effect and the terms of this Agreement shall control. In addition, all such orders shall comply with the other requirements of this Article 2. The total amount of Components ordered by Purchaser during a particular calendar quarter shall not in any event be less than one hundred percent (100%) of the amount of each such Component that was forecasted to be ordered for such quarter in the most recent forecast provided to Supplier, as set forth in Section 2.2 above, unless Supplier otherwise agrees in writing. In addition, Supplier shall not be obligated to supply any amounts in such order that areare in excess of one hundred ten percent (110%) of the amount of the particular Component that was forecasted in the most recent binding forecast to be ordered for such quarter; however, Supplier agrees that it will use Reasonable Efforts to supply such additional amounts. The Supplier shall use Reasonable Efforts to deliver the Components ordered in compliance with this Article 2. The Supplier shall immediately notify Purchaser in writing if Supplier determines that Supplier will not be able to supply a material amount of the most recent orders and/or forecasts of orders for any Component. Shipment and delivery of Components ordered hereunder shall be in accordance with Section 2.4.

Appears in 1 contract

Samples: Manufacturing and Supply Agreement (Dendreon Corp)

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