Product Purchase Orders. Each of the Product(s) shall be ordered by Codexis by written purchase order submitted electronically (or by any other means agreed by the Parties), in a form to be mutually agreed by the Parties (each, a “Product Purchase Order”). No communications (oral, electronic, written or otherwise) between the Parties in respect of any purchase or supply of Products shall be binding on the Parties except to the extent such communication is embodied in a Product Purchase Order or other document signed by each Party. In the event that a Codexis Customer modifies or cancels any order for Product, Codexis shall discuss the matter with Arch and only after Arch’s consent in writing (which consent may not be unreasonably withheld or delayed ) modify or cancel a Product Purchase Order provided that Arch has not already shipped Product prior to receipt of the cancellation/modification notice. All Product Purchase Orders shall be deemed accepted by Arch, except with respect to Products subject to a Non-Exclusive Relationship, which Purchase Orders shall be accepted by Arch only if (x) Codexis provides a sufficient quantity of Codexis Enzyme to Arch in order to allow Arch to manufacture the requested quantity of Product in the requested timeframe or (y) accepted in writing by Arch within five (5) days of receipt of such Product Purchase Order. Arch shall promptly provide Codexis written notice in the event that Arch will not be able to deliver any quantities specified in the Product Purchase Order.
Product Purchase Orders. Each of the Product(s) shall be ordered by Codexis India by written purchase order submitted electronically (or by any other means agreed by the Parties), in a form to be mutually agreed by the Parties (each, a “Product Purchase Order”). No communications (oral, electronic, written or otherwise) between the Parties in respect of any purchase or supply of Products shall be binding on the Parties except to the extent such communication is embodied in a Product Purchase Order or other document signed by each Party. In the event that a Codexis India Customer modifies or cancels and order for Product, Codexis India shall discuss the matter with Arch and only after Arch’s consent in writing (which consent may not be unreasonably withheld or delayed) modify or cancel a Product Purchase Order provided that Arch has not already shipped Product prior to receipt of the cancellation/modification notice. All Product Purchase Orders shall be deemed accepted by Arch so long as Codexis, Inc. provides a sufficient quantity of enzymes to Arch in order to allow Arch to manufacture the requested quantity of Product in the requested timeframe. Arch shall promptly provide Codexis India written notice in the event that Arch will not be able to deliver any quantities specified in the Product Purchase Order.
Product Purchase Orders. 3.1. Party A may issue purchase orders for the Products (each a “Purchase Order”) to Party B from time to time, and Party B shall supply the Products to Party A based on each Purchase Order. Each Purchase Order will be an integral part of, and shall be subject to, the terms and conditions of this Agreement. Party A may purchase Products from other third parties or manufacture the Products for its own account.
3.2. Party B shall, within five (5) calendar days after the issuance of a Purchase Order by Party A, either accept such Purchase Order or propose to make any Change (as defined in Clause 4.1 below). Party B shall be deemed to have accepted a Purchase Order when it does any of the following: (i) fails to revert with any proposed Change within five (5) calendar days after the issuance of a Purchase Order by Party A; (ii) begins performance under the Purchase Order; or (iii) acknowledges the Purchase Order.
Product Purchase Orders. 3.1 For each Commercial Year, SENORX will have the minimum quantity purchase requirements for the Devices as set forth in Attachment B to this Agreement. A “Commercial Year” shall mean any consecutive twelve (12) month period starting on October 1 (the fourth calendar quarter) and ending on September 30 (the third calendar quarter).
Product Purchase Orders. In order to receive payments from Western Bid for the products being sold, you must form a detailed invoice; and you are required to provide Western Bid with a number of forms of identification as further described in our Privacy Policy and AML Compliance Policy. We require this information to authenticate your identity and to determine the accuracy of information you have provided. We may require additional information from you depending upon your location or country of residence.
Product Purchase Orders. 3.3.1 If a Purchase Order is not consistent with all of the applicable Rolling Forecasts, then FibroGen shall use reasonable efforts to manufacture such excess amounts but shall not be obligated to supply such amount.
3.3.2 Each Purchase Order complying with the requirements of this Article 3 and consistent with the Rolling Forecast shall, following FibroGen’s Order Acknowledgement of the Purchase Order, be valid and binding and shall be part of and incorporated into this Agreement and subject to all of the terms and conditions of this Agreement.
3.3.3 Each Purchase Order shall specify:
(a) [*];
(b) [*].
(c) [*];
(d) AstraZeneca’s order number;
(e) AstraZeneca’s and FibroGen’s stock keeping unit (SKU); FibroGen/AstraZeneca Master Supply C: 00033429.0 [*] = Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would likely cause competitive harm to the company if publicly disclosed.
(f) [*]
Product Purchase Orders. Purchaser shall initiate an order for Product by sending to Supplier a purchase order for Product (a “Product Purchase Order”) at least ninety [ * ] prior to the requested delivery date for the Product covered by the Product Purchase Order. Supplier shall deliver to Purchaser such quantities of Product as Purchaser orders so long as such quantities do not exceed [ * ] of the quantity set forth in the Rolling Forecast for such time period. Purchaser shall have no minimum purchase requirements for Product hereunder; provided that, Purchaser shall order Product in no less than the increments set forth in Exhibit E. Purchaser may submit Product Purchase Orders for Product in excess of the quantities specified in the Rolling Forecasts. Supplier shall use its commercially reasonable efforts to accept and fill such orders. Once placed, Product Purchase Orders may be amended or cancelled by Purchaser at its discretion and at no charge, except as expressly provided in this Section 3.6(b). If Purchaser amends or cancels a Product Purchase Order at any time more than [ * ] before scheduled delivery of the ordered Product, Supplier may charge Purchaser only for Supplier’s actual and non-cancelable costs of any Raw Materials, plus handling, that Supplier ordered or purchased to fulfill such amended or cancelled Product Purchase Order, except for Raw Materials that Supplier can use to fulfill any then pending Product Purchase Order or any Raw Materials that are not then in good and usable condition for the production of Product. Upon payment therefor, Purchaser shall own such Raw Materials. Purchaser cannot amend or cancel any order [ * ] or less before the scheduled delivery of the ordered Product. Notwithstanding the foregoing, orders for Product for the initial launch, consisting of approximately [ * ], may be amended or cancelled within [ * ] or less from the scheduled delivery, and upon such cancellation Supplier may charge Purchaser for expenses incurred, as well as a reasonable cancellation charge. In ordering and delivering the Product pursuant hereto, Purchaser and Supplier may use their standard forms (including, but not limited to, the Product Purchase Orders and invoices), but nothing in those forms shall be construed to modify, amend or supplement the terms of this Agreement and, in case of any conflict herewith, the terms of this Agreement shall control, and any additional or modified terms contained in any such Product Purchase Order or other form shall b...
Product Purchase Orders. Pursuant to written purchase orders (each, a "Purchase Order") issued on an as-needed basis, AirPrime shall sell Products to Handspring, and Handspring shall purchase Products from AirPrime. Purchase Orders will be submitted to AirPrime by telephone facsimile transmission, registered airmail, or any other method as the Parties may agree. All Purchase Orders shall contain the following information:
(a) part number and quantities of the Product to be purchased;
(b) purchase price, as set forth in Exhibit C;
(c) delivery date; and
Product Purchase Orders. Buyer may not cancel or reschedule delivery of any Product subject to a Purchase Order.
Product Purchase Orders
