Common use of PRODUCT ORDERING AND DELIVERY Clause in Contracts

PRODUCT ORDERING AND DELIVERY. (a) Xxxxxx shall purchase Finished Product at the applicable U.S. or International Transfer Price by means of purchase orders submitted to SuperGen at least ninety (90) days in advance of the requested delivery date. Each purchase order shall be governed by the terms of this Agreement and none of the terms or conditions of Xxxxxx'x purchase orders, SuperGen's acknowledgment forms or any other forms exchanged by the parties shall be applicable, except those, to the extent consistent with the terms set forth herein, specifying quantity ordered, CONFIDENTIAL TREATMENT REQUESTED delivery locations and delivery schedule and invoice information; (b) All purchase orders for delivery during a calendar month that do not exceed one hundred twenty five percent (125%) of the latest Sales Forecast covering such month (excluding any amendments subsequent to the original date of such Sales Forecast) shall be deemed accepted by SuperGen. SuperGen shall use its reasonable efforts to supply Xxxxxx with any Finished Product in excess of one hundred twenty five percent (125%) of such Sales Forecast. All other purchase orders must be accepted or rejected by SuperGen, in writing, by facsimile or air courier, within fifteen (15) business days after receipt from Xxxxxx. If SuperGen does not provide such notice of acceptance or rejection within fifteen (15) business days, it shall be deemed to have accepted such purchase orders in full. SuperGen shall deliver all accepted orders to Xxxxxx promptly and shall deliver Xxxxxx'x first order for Finished Product to be sold in the U.S. Territory and the International Territory, respectively, within thirty (30) days of Regulatory Approval in those respective territories. (c) All Finished Products shall be delivered C.I.P. to Xxxxxx'x designated destination. Title and risk of loss shall pass from SuperGen to Xxxxxx when the Finished Products are delivered to the carrier for transport to the designated destination. (d) SuperGen shall invoice Xxxxxx at the applicable U.S. or International Transfer Prices for all Finished Product delivered, and Xxxxxx shall pay to SuperGen the amount invoiced within thirty (30) days of the invoice date.

PRODUCT ORDERING AND DELIVERY. (a) Xxxxxx SuperGen shall purchase order Finished Product at the applicable U.S. or International Transfer Price by means of purchase orders submitted to SuperGen AVI or AVI's designee at least ninety (90) 90 days in advance of the requested delivery date. Each purchase order shall be governed by the terms of this Agreement and none of the terms or conditions of Xxxxxx'x SuperGen's purchase orders, SuperGenAVI's acknowledgment forms or any other forms exchanged by the parties shall be applicable, except those, to the extent consistent with the terms set forth herein, specifying quantity ordered, CONFIDENTIAL TREATMENT REQUESTED delivery locations and delivery schedule and invoice information;. (b) All purchase orders for delivery during a calendar month that do not exceed one hundred twenty five percent (125%) of the latest Sales Forecast covering such month (excluding any amendments subsequent to the original date of such Sales Forecast) shall be deemed accepted by SuperGenAVI. SuperGen AVI shall use its reasonable efforts to supply Xxxxxx SuperGen with any Finished Product in excess of one hundred twenty five percent (125%) of such Sales Forecast. All other purchase orders must be accepted or rejected by SuperGenAVI, in writing, by facsimile or air courier, within fifteen (15) business days after receipt from XxxxxxSuperGen. If SuperGen AVI does not provide such notice of acceptance or rejection within fifteen (15) business days, it shall be deemed to have accepted such purchase orders in full. SuperGen AVI shall deliver all accepted orders to Xxxxxx SuperGen promptly and shall deliver Xxxxxx'x SuperGen's first order for Finished Product to be sold in the U.S. Territory and the International Territory, respectively, within thirty (30) days of Regulatory Approval in those respective territoriesthe U.S. Territory. (c) All Finished Products shall be delivered C.I.P. to Xxxxxx'x SuperGen's designated destination. Title and risk of loss shall pass from SuperGen to Xxxxxx when the Finished Products are delivered to the carrier for transport to the designated destination. (d) SuperGen shall invoice Xxxxxx at the applicable U.S. or International Transfer Prices for all Finished Product delivered, and Xxxxxx shall pay AVI to SuperGen the amount invoiced within thirty (30) days upon acceptance of the invoice datedelivery.

PRODUCT ORDERING AND DELIVERY. (a) Xxxxxx shall purchase Finished Product at the applicable U.S. or International Transfer Price by means of purchase orders submitted to SuperGen at least ninety (90) days [__________________] in advance of the requested delivery date. Each purchase order shall be governed by the terms of this Agreement and none of the terms or conditions of Xxxxxx'x purchase orders, SuperGen's acknowledgment forms or any other forms exchanged by the parties shall be applicable, except those, to the extent consistent with the terms set forth herein, specifying quantity ordered, CONFIDENTIAL TREATMENT REQUESTED delivery locations and delivery schedule and invoice information; (b) All purchase orders for delivery during a calendar month that do not exceed one hundred twenty five percent (125%) [_________________________] of the latest Sales Forecast covering such month (excluding any amendments subsequent to the original date of such Sales Forecast) shall be deemed accepted by SuperGen. SuperGen shall use its reasonable efforts to supply Xxxxxx with any Finished Product in excess of one hundred twenty five percent (125%) [__________________________] of such Sales Forecast. All other purchase orders must be accepted or rejected by SuperGen, in writing, by facsimile or air courier, within fifteen (15) business days after receipt from Xxxxxx. If SuperGen does not provide such notice of acceptance or rejection within fifteen (15) business days, it shall be deemed to have accepted such purchase orders in full. SuperGen shall deliver all accepted orders to Xxxxxx promptly and shall deliver Xxxxxx'x first order for Finished Product to be sold in the U.S. Territory and the International Territory, respectively, within thirty (30) days of Regulatory Approval in those respective territories. (c) All Finished Products shall be delivered C.I.P. [__] to Xxxxxx'x designated destination. Title and risk of loss shall pass from SuperGen to Xxxxxx when the Finished Products are delivered to the carrier for transport to the designated destination[_____________________]. (d) SuperGen shall invoice Xxxxxx at the applicable U.S. or International Transfer Prices for all Finished Product delivered, and Xxxxxx shall pay to SuperGen the amount invoiced within thirty (30) days of the invoice date.

PRODUCT ORDERING AND DELIVERY. Xxxxxx shall purchase the Products and Triangle will deliver the Products in accordance with the following procedures: (a) Xxxxxx shall purchase Finished Product Products at the applicable U.S. or International Transfer Price by means of purchase orders submitted to SuperGen Triangle at least ninety (90) days *** in advance of the requested *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. delivery date. Each purchase order shall be governed by the terms of this Agreement and none of the terms or conditions of Xxxxxx'x purchase orders, SuperGenTriangle's acknowledgment forms or any other forms exchanged by the parties shall be applicable, except those, to the extent consistent with the terms set forth herein, specifying quantity ordered, CONFIDENTIAL TREATMENT REQUESTED delivery locations and delivery schedule and invoice information; (b) All purchase orders for delivery during a calendar month that do not exceed one hundred twenty five percent (125%) *** of the latest Sales Forecast covering such month (excluding any amendments subsequent to the original date of such Sales Forecast) shall be deemed accepted by SuperGen*** . SuperGen Triangle shall use its reasonable efforts Reasonable Best Efforts to supply Xxxxxx with any Finished Product in excess of one hundred twenty five percent (125%) *** of such Sales Forecast. All other purchase orders must be accepted or rejected by SuperGenTriangle, in writing, by facsimile or air courier, within fifteen (15) business days *** after receipt from Xxxxxx. If SuperGen Triangle does not provide such notice of acceptance or rejection within fifteen (15) business days*** , it shall be deemed to have accepted such purchase orders in full. SuperGen shall deliver all accepted orders to Xxxxxx promptly and shall deliver Xxxxxx'x first order for Finished Product to be sold in the U.S. Territory and the International Territory, respectively, within thirty (30) days of Regulatory Approval in those respective territories. (c) All Finished Products shall be delivered C.I.P. *** as identified by Triangle; (d) Xxxxxx shall arrange and pay for shipping from the *** point to Xxxxxx'x designated destination. Title distribution centers *** , and the risk of loss shall pass from SuperGen Triangle to Xxxxxx when the Finished Products are delivered to the carrier for transport to at the designated destination.*** ; and (de) SuperGen Triangle shall invoice Xxxxxx at the applicable U.S. or International Transfer Prices for all Finished Product Products delivered, and Xxxxxx shall pay to SuperGen Triangle the amount invoiced within thirty (30) days *** of the invoice date.

PRODUCT ORDERING AND DELIVERY. Xxxxxx shall purchase the Products and Triangle will deliver the Products in accordance with the following procedures: (a) Xxxxxx shall purchase Finished Product Products at the applicable U.S. or International Transfer Price by means of purchase orders submitted to SuperGen Triangle at least ninety (90) days *** in advance of the requested *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. delivery date. Each purchase order shall be governed by the terms of this Agreement and none of the terms or conditions of Xxxxxx'x purchase orders, SuperGenTriangle's acknowledgment forms or any other forms exchanged by the parties shall be applicable, except those, to the extent consistent with the terms set forth herein, specifying quantity ordered, CONFIDENTIAL TREATMENT REQUESTED delivery locations and delivery schedule and invoice information; (b) All purchase orders for delivery during a calendar month that do not exceed one hundred twenty five percent (125%) *** of the latest Sales Forecast covering such month (excluding any amendments subsequent to the original date of such Sales Forecast) shall be deemed accepted by SuperGenTriangle. SuperGen Triangle shall use its reasonable efforts Reasonable Best Efforts to supply Xxxxxx with any Finished Product in excess of one hundred twenty five percent (125%) *** of such Sales Forecast. All other purchase orders must be accepted or rejected by SuperGenTriangle, in writing, by facsimile or air courier, within fifteen (15) business days after receipt from Xxxxxx. If SuperGen Triangle does not provide such notice of acceptance or rejection within fifteen (15) business days, it shall be deemed to have accepted such purchase orders in full. SuperGen shall deliver all accepted orders to Xxxxxx promptly and shall deliver Xxxxxx'x first order for Finished Product to be sold in the U.S. Territory and the International Territory, respectively, within thirty (30) days of Regulatory Approval in those respective territories. (c) All Finished Products shall be delivered C.I.P. *** as identified by Triangle; (d) Xxxxxx shall arrange and pay for shipping from the *** point to Xxxxxx'x designated destination. Title distribution centers (with such costs and expenses being part of Xxxxxx'x Distribution Expense), and the risk of loss shall pass from SuperGen Triangle to Xxxxxx when the Finished Products are delivered to the carrier for transport to at the designated destination.*** ; and (de) SuperGen Triangle shall invoice Xxxxxx at the applicable U.S. or International Transfer Prices for all Finished Product Products delivered, and Xxxxxx shall pay to SuperGen Triangle the amount invoiced within thirty (30) days of the invoice date.

PRODUCT ORDERING AND DELIVERY. (a) Xxxxxx shall purchase Finished Product at the applicable U.S. or International Transfer Price by means of purchase orders submitted to SuperGen at least ninety (90) days in advance of the requested delivery date. Each purchase order shall be governed by the terms of this Agreement and none of the terms or conditions of Xxxxxx'x purchase orders, SuperGen's acknowledgment forms or any other forms exchanged by the parties shall be applicable, except those, to the extent consistent with the terms set forth herein, specifying quantity ordered, 35 <PAGE> CONFIDENTIAL TREATMENT REQUESTED delivery locations and delivery schedule and invoice information; (b) All purchase orders for delivery during a calendar month that do not exceed one hundred twenty five percent (125%) of the latest Sales Forecast covering such month (excluding any amendments subsequent to the original date of such Sales Forecast) shall be deemed accepted by SuperGen. SuperGen shall use its reasonable efforts to supply Xxxxxx with any Finished Product in excess of one hundred twenty five percent (125%) of such Sales Forecast. All other purchase orders must be accepted or rejected by SuperGen, in writing, by facsimile or air courier, within fifteen (15) business days after receipt from Xxxxxx. If SuperGen does not provide such notice of acceptance or rejection within fifteen (15) business days, it shall be deemed to have accepted such purchase orders in full. SuperGen shall deliver all accepted orders to Xxxxxx promptly and shall deliver Xxxxxx'x first order for Finished Product to be sold in the U.S. Territory and the International Territory, respectively, within thirty (30) days of Regulatory Approval in those respective territories. . (c) All Finished Products shall be delivered C.I.P. to Xxxxxx'x designated destination. Title and risk of loss shall pass from SuperGen to Xxxxxx when the Finished Products are delivered to the carrier for transport to the designated destination. (d) SuperGen shall invoice Xxxxxx at the applicable U.S. or International Transfer Prices for all Finished Product delivered, and Xxxxxx shall pay to SuperGen the amount invoiced within thirty (30) days of the invoice date.