Common use of Payment Instead of Taking TG Consumable Clause in Contracts

Payment Instead of Taking TG Consumable. Illumina reserves the right to invoice Customer for […***…]% of the purchase price of any TG Consumables that Customer has a binding commitment to purchase under this Agreement (whether under a Forecast or a Purchase Order), but that Customer has not provided a Purchase Order for, or for which Customer is attempting to cancel the order or delivery for. If there is no applicable Purchase Order, the purchase price shall be the purchase price that would have applied under this Agreement had Customer placed a Purchase Order for such Consumables. […***…] failure to purchase Consumables under a binding commitment under this Agreement (whether under Forecast or a Purchase Order). ***Confidential Treatment Requested***

Appears in 4 contracts

Samples: Service, and Support Agreement (Foundation Medicine, Inc.), Service, and Support Agreement (Foundation Medicine, Inc.), Service, and Support Agreement (Foundation Medicine, Inc.)

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