Orders for Product Clause Samples

Orders for Product. INVENTORY. Product shall be held in inventory in JOEL's warehouse located at 500 North 15th Avenue, Lebanon, Pennsylvania, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ons from Quigley. Upon receipt of orders from Quigley, ▇▇▇▇ ▇hall pack and ship Product in ac▇▇▇▇▇▇▇▇ ▇▇▇▇ such order and shipping instructions. All shipping costs shall be borne by Quigley. JOEL shall provide Quigley with such ▇▇▇▇▇▇▇g ▇▇▇▇rds attached to a ▇▇▇▇ ▇f the packing list/invoice identifying the customer, P/O number, carrier and destination, along with any other relevant information and/or documentation as Quigley shall reasonably request to determine compl▇▇▇▇▇ ▇ith shipping instructions. Within sixty (60) days of execution of this Agreement, JOEL shall notify Quigley of the maximum number of ▇▇▇▇s of Packaged ▇▇▇▇▇▇▇, as defined in paragraph 15 which it can store in inventory at its current warehouse. In no event may Quigley require JOEL to maintain inventory in exc▇▇▇ ▇▇ such numbe▇. ▇hould it become necessary or desirable to maintain inventory levels in excess of such number, JOEL shall, within such time period as is reasonab▇▇ ▇nder the circumstances, make arrangements for additional warehouse space, the costs of which shall be borne by Quigley.

Orders for Product. 2.1 Lantheus shall buy from NTP, and NTP shall supply to Lantheus, a **** of Product on a **** basis to be supplied and delivered to ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ International Airport, Jamaica, New York (“JFK”) or ▇▇▇▇▇ International Airport, Boston, Masssachusetts (“BOS”) (or other mutually agreed upon delivery location), on **** with follow-on trucking delivery to the Lantheus facility in North Billerica, Massachusetts. Lantheus shall provide NTP with notice of its intention to change such location at least forty-five (45) days in advance of the required inception date of such changes. Subject to Section 5.1, such initial **** shall be at least **** (****) curies per **** with a **** (****) day reference, and may be changed upon the mutual written agreement of the parties hereto. NTP shall be responsible to ensure that the full **** quota of Mo-99 (****Ci or the amended amount agreed to in writing) is delivered to Lantheus other than during scheduled outages for routine maintenance, unscheduled outages or failures of the production lines of the NTP and its Subcontractor (i.e., under conditions of normal operations prevailing at NTP and its Subcontractors facilities). At the discretion of the Account Manager at NTP (“Account Manager”), such material shall be supplied by NTP or its Subcontractor. Lantheus shall be advised in a timely way of the manner in which supply obligations hereunder will be allocated amongst NTP and its Subcontractor. NTP will schedule deliveries to Lantheus so as to compensate for scheduled outages at either facility in such a way that the full supply quota will be maintained under such circumstances. In the case of unscheduled outages or production line failures for whatever reason at either facility the Account Manager will employ best efforts to fulfill quotas. In situations where a global supply shortage arises for whatever reason (and for Events of Force Majeure (as hereinafter defined)) Lantheus will receive a share of Product available that is not less than that which is directly proportional to its average share of the total **** purchasing (averaged over the preceding **** (****) days) from NTP and its Subcontractor. NTP has established and shall maintain relationships with air carriers for the Lantheus route such that the probability of a Lantheus shipment being refused by the carrier shall be highly improbable. NTP shall liaise (via the Account Manager at NTP) with its Subcontractor, taking into account the reactor, production and mai...

Orders for Product. Buyer shall use commercially reasonable efforts to deliver empty Containers to the Tolling Facility on or before the estimated date on which Buyer would be entitled to receive delivery of a full Container in accordance with Seller’s latest 3 Month Forecast. Buyer shall inform ▇▇▇▇▇▇ and the Third-Party ▇▇▇▇▇▇ of the expected arrival date of each Buyer’s Container, the Container identification number, the expected condition (i.e. internal temperature) of the Container upon arrival at the Tolling Facility, the desired quantity of Liquid Helium to be filled into the Container, the desired fill date and any other special instructions (“Buyer’s Order”). Buyer’s Orders shall be in writing and shall be communicated via mail, electronic mail or facsimile. Buyer’s Orders shall contain all information required by the Third-Party ▇▇▇▇▇▇ in order to process each Buyer’s Order. ▇▇▇▇▇’s Orders may be initially communicated by telephone for convenience, but must be confirmed in writing by ▇▇▇▇▇ within twenty-four (24) hours thereafter. No Buyer’s Order is accepted until and unless the Third-Party ▇▇▇▇▇▇ issues a written sales acknowledgment to Buyer. Seller shall use commercially reasonable efforts to ensure that the Third-Party ▇▇▇▇▇▇ issue a sales acknowledgement (confirming the Third-Party ▇▇▇▇▇▇’▇ ability to fill Buyer’s Order and the estimated delivery date) within forty-eight (48) hours after receipt of Buyer’s Order. Delivery dates and Liquid Helium availability as communicated to Buyer are estimates only. Seller will ensure that the Third-Party ▇▇▇▇▇▇ shall make reasonable efforts to deliver in accordance with these estimated delivery dates; however, Seller will not be liable for Third-Party ▇▇▇▇▇▇’▇ failure to deliver as estimated. If the Third-Party ▇▇▇▇▇▇ is unable to deliver the Liquid Helium on such delivery dates, then Seller shall ensure that the Third-Party ▇▇▇▇▇▇ informs Buyer thereof including the anticipated duration of delay, and the anticipated new delivery date for the delayed Container. All Buyer’s Orders issued to Seller and Third-Party ▇▇▇▇▇▇ by ▇▇▇▇▇ during the term of this Agreement shall be governed only by the terms and conditions of this Agreement notwithstanding any preprinted terms and conditions on Buyer’s purchase orders. Any additional or different terms in Buyer’s documents are hereby deemed to be material alterations and notice of objection to and rejection of them is hereby given.

Orders for Product. (a) Together with each forecast provided under Section 4.2, LEVPHARMA shall place its firm order on a quarterly basis with SANQUIN, setting forth units (or any other measurement agreeable to both Parties), delivery dates and shipping instructions with respect to each shipment of Product for delivery. LEVPHARMA's orders shall be made pursuant to Purchase Orders which are in a form mutually acceptable to LEVPHARMA and SANQUIN, to the extent that such form is not inconsistent with the terms of this Agreement. (b) SANQUIN shall not be obligated to accept any order to the extent the quantity of Product ordered exceeds 125% of the average of the last Quarterly Forecast and the quantity contained in the actual Purchase Order for the Quarter immediately preceding the current Quarter. Not withstanding the foregoing limitations, SANQUIN shall use commercially reasonable efforts to fill such orders for such excess quantities from available supplies. SANQUIN shall use all commercially reasonable efforts to notify LEVPHARMA within ten days after receipt of an order of SANQUIN's ability to fill any amounts of such orders in excess of the quantities that SANQUIN is obligated to supply. LEVPHARMA shall notify SANQUIN as soon as possible of an increase in LEVPHARMA's requirements for Product materially in excess of the limits set forth herein. However, the quantity of Product delivered by SANQUIN to LEVPHARMA shall never be higher than the * quantity listed in Section 4.1(c)(i). (c) In the event that LEVPHARMA submits any order for Product for less than the 75% of the average of the last two Quarterly Forecasts for that particular quarter, SANQUIN nevertheless shall have the right to supply and ship to LEVPHARMA (in accordance with the shipping instructions most recently supplied by LEVPHARMA) 75% of the average of the last two Quarterly Forecasts, and LEVPHARMA shall have the obligation to purchase and accept from SANQUIN, such minimum quantity of Product. LEVPHARMA shall notify SANQUIN as soon as possible of a decrease in LEVPHARMA's requirements for Product materially below the limits set forth herein. In the event of such a decrease, SANQUIN shall use all commercially reasonable efforts, but shall not be required, to reduce accordingly. However, the quantity of Product delivered by SANQUIN to LEVPHARMA shall never be lower than the * quantity listed in Section 4.1(c)(i).

Orders for Product. CORNERSTONE shall be exclusively responsible for accepting and filling purchase orders, billing, and returns with respect to the Products. If VANSEN or the Representatives receive orders for any Product, they shall transmit such orders to CORNERSTONE for acceptance or rejection, which acceptance or rejection shall be at CORNERSTONE’s sole discretion.

Orders for Product. Buyer shall use commercially reasonable efforts to deliver empty Containers to the Tolling Facility on or before the estimated date on which Buyer would be entitled to receive delivery of a full Container in accordance with Seller’s latest 3 Month Forecast. Buyer shall inform S▇▇▇▇▇ and the Third-Party T▇▇▇▇▇ of the expected arrival date of each Buyer’s Container, the Container identification number, the expected condition (i.e. internal temperature) of the Container upon arrival at the Tolling Facility, the desired quantity of Liquid Helium to be filled into the Container, the desired fill date and any other special instructions (“Buyer’s Order”). Buyer’s Orders shall be in writing and shall be communicated via mail, electronic mail or facsimile. Buyer’s Orders shall contain all information required by the Third-Party T▇▇▇▇▇ in order to process each Buyer’s Order. B▇▇▇▇’s Orders may be initially communicated by telephone for

Orders for Product. Redline shall place orders for Products on binding assembly orders submitted to Contractor from time to time setting forth the quantity, delivery schedule and delivery location. Such orders shall be submitted to Contractor by Redline at least seven (7) days prior to any requested delivery date, unless otherwise agreed by the parties. Contractor shall acknowledge said assembly orders within five (5) days of receipt. Redline has no obligation to order any minimum quantities of Product from Contractor. Redline shall, during the Term, provide Contractor with a ninety (90) day forecast of anticipated quantities of Product required during said ninety (90) day period and anticipated delivery dates, to be updated monthly.

Orders for Product. It is recognized by the parties that Xcel may from ------------------ time to time receive orders for the Product directly from third parties. Xcel shall transmit said orders and purchase order numbers promptly to Elan for acceptance or rejection at Elan's sole discretion. The parties understand that all shipping of Product and all collection of payment for Product shall be implemented by Elan at Elan's sole discretion.

Orders for Product. 3.1 Uni-Pixel shall, on the Commencement Date, provide an initial binding purchase order for the supply of Product by CIT during the four month period from the Commencement Date (the Initial Purchase Order). 3.2 The Initial Purchase Order shall, for the avoidance of doubt, contain the following requirements: (a) a volume of 11,500 linear metres of Product per week for 16 consecutive weeks; and (b) an ex works (Cambridge) price to Uni-Pixel of US$7.90 per linear metre (such price calculated by CIT on the basis of a film cost of $24 per square metre and a PET film cost of $2.32 per square metre) as set out in more detail in clause 4.1). 3.3 If Uni-Pixel wishes to extend the Term of this Agreement as set out in clause 2.2(b), such extension shall be subject to Uni-Pixel purchasing monthly quantities of Product equivalent to the requirements set out in the Initial Purchase Order, and the notification of extension under clause 2.2(b) shall be accompanied by a purchase order consistent with such requirement; provided however, that if Uni-Pixel has no further requirements for the Product to be manufactured by CIT during such extended Term, then clause 4.4 shall be applicable. Any requirement for monthly quantities different from those set out in the Initial Purchase Order shall be subject to CIT's prior written agreement. 3.4 CIT shall use all reasonable endeavours to procure PET film and other production materials required for the Product, based on an assumption as to six months' requirements by Uni-Pixel (namely, 26 weeks at 11,500 linear metres per week, totalling 299,000 linear metres). Such procurement may, however, be subject to minimum volumes (which may be such as to enable the manufacture of higher volumes of Product than required under this Agreement) and shall be undertaken by CIT solely on the basis that Uni-Pixel shall purchase all of CIT’s inventory of materials (including any unused PET film) at cost, to the extent that such materials represent the unused quantity by reference to the six months assumed requirement set out in this clause 3.4. 3.5 Any additional purchase order for the manufacture of Product at any time during the remaining period of the Term shall be: (a) considered in good faith by CIT; (b) subject to payment in full in advance by Uni-Pixel; and (c) subject to written agreement between CIT and Uni-Pixel not less than 30 days prior to the commencement of manufacture by CIT; provided always that, for the avoidance of doubt, nothing in...