Common use of Order Size Clause in Contracts

Order Size. All purchase orders for Product placed by Endo shall be for amounts of product equal to a full manufacturing batch or multiples thereof with the amount ordered based on the estimated actual yields. An estimate of the number of units per batch is attached hereto as Exhibit A. The actual number of units delivered pursuant to any purchase order for Product shall be equal to the number of units produced in each batch thereof, subject to Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. reduction of the number of units produced in any batch by the number of units not suitable for release or otherwise retained pursuant to the provisions of the Quality Agreement. In the event that Noven shall deliver less than *** of the units ordered by Endo pursuant to any purchase order (which number shall be determined with reference to the number of units estimated to be yielded by each batch ordered by Endo as reflected on Exhibit A), Noven shall notify Endo in writing of the amount of such shortfall upon discovery of the shortfall of the Product. Endo shall, within 30 days of receipt of such delivery, either (a) accept such delivery in full satisfaction of the purchase order (as to quantity only and not in waiver of Endo's opportunity to reject under pursuant to Section 3.07), or (b) issue a replacement purchase order for an additional batch of the Product, and Noven shall use reasonable commercial efforts to deliver such Product within 60 days of the date of such replacement purchase order; provided, that in either case Endo shall accept and pay to Noven the price for the units of Product delivered. Endo's failure to issue a replacement purchase order within such 30-day period shall be deemed as an acceptance of such delivery pursuant to subsection (a) above. Any replacement Purchase order submitted by Endo to Noven pursuant to this Section 3.04 shall be subject to the same terms and conditions of this Agreement as purchase orders submitted pursuant to section 3.03.

Order Size. All purchase orders for Product placed by Endo shall be for amounts of product equal to a full manufacturing batch or multiples thereof with the amount ordered based on the estimated actual yields. An estimate of the number of units per batch is attached hereto as Exhibit A. The actual number of units delivered pursuant to any purchase order for Product shall be equal to the number of units produced in each batch thereof, subject to Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. reduction of the number of units produced in any batch by the number of units not suitable for release or otherwise retained pursuant to the provisions of the Quality Agreement. In the event that Noven shall deliver less than *** of the units ordered by Endo pursuant to any purchase order (which number shall be determined with reference to the number of units estimated to be yielded by each batch ordered by Endo as reflected on Exhibit A), Noven shall notify Endo in writing of the amount of such shortfall upon discovery of the shortfall of the Product. Endo shall, within 30 days of receipt of such delivery, either (a) accept such delivery in full satisfaction of the purchase order (as to quantity only and not in waiver of Endo's opportunity to reject under pursuant to Section 3.07), or (b) issue a replacement purchase order for an additional batch of the Product, and Noven shall use reasonable commercial efforts to deliver such Product within 60 days of the date of such replacement purchase order; provided, that in either case Endo shall accept and pay to Noven the price for the units of Product delivered. Endo's failure to issue a replacement purchase order within such 30-day period shall be deemed as an acceptance of such delivery pursuant to subsection (a) above. Any replacement Purchase order submitted by Endo to Noven pursuant to this Section 3.04 shall be subject to the same terms and conditions of this Agreement as purchase orders submitted pursuant to section 3.03.

Order Size. All purchase orders for Product placed by Endo shall be for amounts of product equal to a full manufacturing batch or multiples thereof with the amount ordered based on the estimated actual yields. An estimate of the number of units per batch is attached hereto as Exhibit A. The actual number of units delivered pursuant to any purchase order for Product shall be equal to the number of units produced in each batch thereof, subject to Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. reduction of the number of units produced in any batch by the number of units not suitable for EXECUTION COPY release or otherwise retained pursuant to the provisions of the Quality Agreement. In the event that Noven shall deliver less than *** of the units ordered by Endo pursuant to any purchase order (which number shall be determined with reference to the number of units estimated to be yielded by each batch ordered by Endo as reflected on Exhibit A), Noven shall notify Endo in writing of the amount of such shortfall upon discovery of the shortfall of the Product. Endo shall, within 30 days of receipt of such delivery, either (a) accept such delivery in full satisfaction of the purchase order (as to quantity only and not in waiver of Endo's opportunity to reject under pursuant to Section 3.07), or (b) issue a replacement purchase order for an additional batch of the Product, and Noven shall use reasonable commercial efforts to deliver such Product within 60 days of the date of such replacement purchase order; provided, that in either case Endo shall accept and pay to Noven the price for the units of Product delivered. Endo's failure to issue a replacement purchase order within such 30-day period shall be deemed as an acceptance of such delivery pursuant to subsection (a) above. Any replacement Purchase order submitted by Endo to Noven pursuant to this Section 3.04 shall be subject to the same terms and conditions of this Agreement as purchase orders submitted pursuant to section 3.03.