Ordering and Obsoleteness Sample Clauses
The "Ordering and Obsoleteness" clause defines how new orders or agreements interact with previous ones, particularly addressing the status of earlier documents when a new order is placed. Typically, this clause specifies that the most recent order or agreement supersedes any prior conflicting terms, ensuring that only the latest terms are in effect. By clarifying which documents are valid and which are obsolete, this clause prevents confusion and disputes over which terms govern the parties' relationship.
Ordering and Obsoleteness. Based on the Fixed Period of any Forecast (or, to the extent commercially practicable, on any updates), ▇▇▇▇▇▇ may place, in accordance with reasonable and customary business practices, binding orders for ▇▇▇▇▇▇ Materials. Radius shall be responsible and liable, and ▇▇▇▇▇▇ shall invoice Radius, and Radius shall pay to ▇▇▇▇▇▇, due thirty (30) calendar days after the invoice date (receipt of readily available funds by ▇▇▇▇▇▇), compensation for any related costs and/or expenses incurred by ▇▇▇▇▇▇ and/or any of its Affiliates, including, but not limited to, costs and/or expenses related to storage and disposal of, and staff planning and working capital costs and/or expenses for, any excess and/or obsolete ▇▇▇▇▇▇ Materials reasonably ordered, not being fit for use due to (i) Reduced Demand; (ii) cancellation or postponement of any Purchase Orders, except if Radius paid to ▇▇▇▇▇▇ compensation for unused Manufacturing capacity under Section 3.5(e); (iii) changes requested by Radius to the Specifications or the specifications of any ▇▇▇▇▇▇ Materials; or (iv) termination of this Agreement by Radius other than for ▇▇▇▇▇▇’▇ breach. If requested, Radius shall provide ▇▇▇▇▇▇ with a written authorization to purchase any ▇▇▇▇▇▇ Materials. Notwithstanding anything to the contrary in the foregoing in this subsection, ▇▇▇▇▇▇ shall cause ▇▇▇▇▇▇ Pharma to use commercially reasonable efforts to use, if possible, such ▇▇▇▇▇▇ Materials for another customer of ▇▇▇▇▇▇.