Price and Purchase Quantity Clause Samples

Price and Purchase Quantity. (a) Best Theratronics agrees to sell Medical Cobalt-60 Sources to ViewRay and ViewRay agrees to purchase Medical Cobalt-60 Sources at the list price set forth in Exhibit 1 (and subject to the terms and conditions set out in this Agreement). [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (b) During the Term of this Agreement, ViewRay agrees to purchase from Best Theratronics a minimum of [***] percent ([***]%) of its requirements for Medical Cobalt-60 Sources in each calendar year (the “Minimum Requirement”), to the extent that Best Theratronics has the capacity to produce such Medical Cobalt-60 Sources. If at any time Best Theratronics does not have the capacity to provide the Minimum Requirement of Medical Cobalt-60 Sources, ViewRay may purchase the Medical Cobalt-60 Sources, which Best Theratronics does not have the capacity to provide, from other suppliers without penalty hereunder. ViewRay shall provide to Best Theratronics, within thirty (30) days of the completion of each calendar year during the Term of this Agreement a certificate issued by its Chief Financial Officer attesting to the fulfillment by ViewRay of the minimum purchase commitment of ViewRay pursuant to this section 4.1 (b). (c) Best Theratronics agrees to maintain, on a best effort basis, a Medical Cobalt-60 Sources manufacturing capacity to produce a minimum contingent of Medical Cobalt-60 Sources ( ) per calendar year, as follows: 2014 [***] 2015 [***] 2016 [***] For each calendar year during the Term of this Agreement in which Best Theratronics will produce Medical Cobalt-60 Sources, Best Theratronics shall submit to ViewRay at least twelve (12) months prior to the subject calendar year, a forecast with respect to any increased capacity above the minimum stated herein, during such calendar year. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (d) ViewRay shall place orders for the Medical Cobalt-60 Sources with Best Theratronics from time to time pursuant to ViewRay’s purchase order, the form of which is set out in Exhibit 3. The standard terms and conditions appearing on the reverse of such purchase order and/or those terms and conditions different from the terms and cond...