Orders for Product. As soon as practicable following the Closing Date, but not later than eight (8) months from the Execution Date, Buyer will take all reasonable efforts to cause the placement of ten (10) product orders, in the aggregate including any orders currently under discussion, from Buyer's affiliate in Japan over a period of thirty-six (36) months from the placement of the first order.
Orders for Product. INVENTORY. Product shall be held in inventory in JOEL's warehouse located at 500 North 15th Avenue, Lebanon, Pennsylvania, xxxxxxx xxxxxxx xx xxxxxx xxx xxxxxxxx xxxxxxxxxons from Quigley. Upon receipt of orders from Quigley, XXXX xhall pack and ship Product in acxxxxxxxx xxxx such order and shipping instructions. All shipping costs shall be borne by Quigley. JOEL shall provide Quigley with such xxxxxxxg xxxxrds attached to a xxxx xf 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 complxxxxx xith shipping instructions. Within sixty (60) days of execution of this Agreement, JOEL shall notify Quigley of the maximum number of xxxxs of Packaged Xxxxxxx, 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 excxxx xx such numbex. Xhould it become necessary or desirable to maintain inventory levels in excess of such number, JOEL shall, within such time period as is reasonabxx xnder 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 Xxxx X. Xxxxxxx International Airport, Jamaica, New York (“JFK”) or Xxxxx 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. 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. CTC shall sell Product to Distributor in such quantities and at such times as Distributor may reasonably request as set forth in Article 5.0 herein, and as CTC agrees to accept by written acceptance of Distributor’s Purchase Order. Orders for Product shall be given by Distributor’s firm Purchase Orders, and shall be subject to all of the provisions of this Article 3.0 in addition to CTC and Distributor standard Purchase Order Terms and Conditions. Where Purchase Order has been accepted by CTC, in case of any conflict between this Agreement and the Purchase Order Terms and Conditions, the Purchase Order shall govern. Each order for Product given to CTC shall specify a reasonable delivery date in view of the requirements of Distributor’s customers, the quantity, pricing and the description of the Product ordered. CTC shall accept Distributor Purchase Orders and offer the price of the Products within five (5) working days after it receives them. Where CTC is unable to provide such Products in accordance with the Purchase Order delivery date specified therein, it shall also notify Distributor within five (5) working days upon receiving the Purchase Order. Failure of CTC to deliver a notice of non-acceptance to Distributor within such five (5) day period shall be deemed as rejection of the Purchase Order. [***] This material has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.
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 Sxxxxx and the Third-Party Txxxxx 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 Txxxxx in order to process each Buyer’s Order. Bxxxx’s Orders may be initially communicated by telephone for convenience, but must be confirmed in writing by Bxxxx within twenty-four (24) hours thereafter. No Buyer’s Order is accepted until and unless the Third-Party Txxxxx issues a written sales acknowledgment to Buyer. Seller shall use commercially reasonable efforts to ensure that the Third-Party Txxxxx issue a sales acknowledgement (confirming the Third-Party Txxxxx’x 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 Txxxxx shall make reasonable efforts to deliver in accordance with these estimated delivery dates; however, Seller will not be liable for Third-Party Txxxxx’x failure to deliver as estimated. If the Third-Party Txxxxx is unable to deliver the Liquid Helium on such delivery dates, then Seller shall ensure that the Third-Party Txxxxx 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 Txxxxx by Bxxxx 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. INVENTORY. Product shall be held in inventory in ________'s warehouse located at __________________, pending receipt of orders and shipping instructions from Quigley. Upon receipt of orders from Quigley, ____________ shall pack and ship Product xx xccordance with such order and shipping instructions. All shipping costs shall be borne by Quigley. ____________ shall provide Quigley with sucx xxxxxing records attached to a copx xx xxe 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 xxxxxiance with shipping instructions. Within sixty (60) days of execution of this Agreement, __________ shall notify Quigley of the maximum number of units of Packaged Pxxxxxx, as defined in paragraph 15 which it can store in inventory at its current warehouse. In no event may Quigley require ______________ to maintain inventory xx xxxess of such number. Should it become necessary or desirable to maintain inventory levels in excess of such number, __________ shall, within such time period as is reasonable under the circumstances, make arrangements for additional warehouse space, the costs of which shall be borne by Quigley.
Orders for Product. It is recognized by the parties that Elan may ------------------ from time to time receive orders for the Product directly from third parties. Elan shall transmit said orders and purchase order numbers promptly to Endo for acceptance or rejection at Endo's sole discretion. The parties understand that all shipping of the Product and all collection of payment for the Product shall be the sole responsibility of Endo.
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...
Orders for Product. Unisys will supply Product to ECCS only in response to written Purchase Orders (original or facsimile) which may be issued by ECCS from time to time during the term of this MSA. ECCS will place each Purchase Order for Product with Unisys at least ninety (90) calendar days prior to the date of delivery required by such Purchase Order. Orders within thirty (30) calendar days are firm commitments and are not subject to cancellation. ECCS may cancel any order for Products issued hereunder, by giving written notice to Unisys prior to the scheduled ship date, subject only to payment of a negotiable cancellation fee, which shall be limited to a percentage of the product price as follows:
