Purchase and Sale of Product. (a) It is anticipated that the BOC Plant will be operated on a continuous basis during the Supply Period and will produce a uniform volume of Product. From time to time Coffeyville Resources will advise BOC of the volume of Product it will purchase from BOC, such advice to be effective until new advice is given by Coffeyville Resources. Coffeyville Resources shall pay BOC for such Product in accordance with the provisions of Section 4 hereof. In the event Coffeyville Resources desires to take delivery of less Product than that amount described in Paragraph II of Exhibit A hereto, then Coffeyville Resources will continue to pay BOC for such Product in accordance with the provisions of Section 4 hereof, provided, however, that in the event that Coffeyville Resources desires to purchase less Product than that amount described in Paragraph II of Exhibit A for a period of more than twenty-four (24) hours, then the Supply Period shall be extended by that number of hours that is equal to the number of hours for which Coffeyville Resources desires to take delivery of less Product than that amount described in Paragraph II of Exhibit A, but not to exceed 180 days, and there shall be no Minimum Product Charge during such extension period.
(i) During the Supply Period, BOC shall sell and deliver to Coffeyville Resources, and Coffeyville Resources shall purchase and accept from BOC, Coffeyville Resources’ requirements of Product for its Gasification Project located at the Coffeyville Plant Site; provided, however, that BOC shall not be obligated to supply gaseous Oxygen Product or gaseous Nitrogen Product from the BOC Plant to Coffeyville Resources at an instantaneous flow rate in excess of the applicable rate that is stated in Paragraph II of Exhibit A or vaporized liquid Oxygen Product or vaporized liquid Nitrogen Product from the Liquid Product Storage Facility at a rate in excess of the applicable vaporization capacity set forth in Paragraph III of Exhibit A. Delivery and transfer of title to all Product shall be made at the point where each of the Coffeyville Pipelines are connected to the corresponding BOC Pipelines.
(ii) BOC’s delivery commitments to Coffeyville Resources, as stated in Paragraph 3(b) (i) above, shall be satisfied, primarily, by the delivery of gaseous Product produced at the BOC Plant; however, if the BOC Plant is not operating, or Coffeyville Resources’ requirements exceed the capacity of the BOC Plant, BOC will then supply Coffeyville Resourc...
Purchase and Sale of Product. Subject to the terms and conditions of this Agreement, during the Delivery Term, Buyer will purchase all Product produced by or associated with the Facility at the Contract Price and in accordance with Exhibit C, and Seller shall supply and deliver to Buyer all the Product produced by or associated with the Facility; provided, however, that prior to the occurrence of the Commercial Operation Date, Buyer shall pay Seller for Facility Energy at the Test Energy Rate. At its sole discretion, Buyer may during the Delivery Term resell or use for another purpose all or a portion of the Product, provided that no such resale or use shall relieve Buyer of any obligations hereunder or modify any of Seller’s obligations hereunder. During the Delivery Term, Buyer will have exclusive rights to offer, bid, or otherwise submit the Product, or any component thereof, from the Facility after the Delivery Point for resale into the market or to any third party, and retain and receive any and all related revenues. Subject to Buyer’s obligation to purchase Product in accordance with this Section 3.1 and Exhibit C, Buyer has no obligation to purchase from Seller any Facility Energy that is not or cannot be delivered to the Delivery Point as a result of an outage of the Facility, a Force Majeure Event, or a Curtailment Order. 23
Purchase and Sale of Product. Buyer agrees to purchase from Seller and Seller agrees to sell to Buyer, on a non- exclusive basis, such quantities of the Product as may be ordered by Buyer from Seller from time to time. Each order placed by Buyer shall be in writing, i.e., by mail, by telex or by fax and shall specify the quantity of the Product ordered, the technical description of the Product, the agreed delivery time and the payment terms.
Purchase and Sale of Product. 2.1 MALLINCKRODT understands and agrees that AMYLIN shall have the right to manufacture Product itself or have Product manufactured by other manufacturers.
2.2 MALLINCKRODT agrees to manufacture and supply to AMYLIN the amounts of Product as ordered by AMYLIN pursuant to written purchase orders issued hereunder by AMYLIN using a form of purchase order mutually acceptable to both parties (“Purchase Order”), specifying the quantity, Nominal Lot quantity, and delivery date. AMYLIN shall submit each Purchase Order to MALLINCKRODT at least [***] ([***]) months in advance of the shipment date specified in the Purchase Order and otherwise in accordance with the requirements hereof. In the event that AMYLIN requests a change to a Purchase Order, MALLINCKRODT shall use commercially reasonable efforts to accommodate such request. All Purchase Orders shall be subject to written acceptance by MALLINCKRODT, which acceptance shall not unreasonably be withheld or delayed. Notwithstanding any other provision hereof, except with respect to Product volumes, delivery dates and shipping instructions, no term or condition of any Purchase Order issued by AMYLIN, any acknowledgement by MALLINCKRODT or any other document of either party that is in any manner additional to, different from or varies the terms and conditions hereof shall be deemed to be of any force or effect.
2.3 Notwithstanding the provisions of Paragraph 2.2 above, AMYLIN agrees to purchase from MALLINCKRODT (except to the extent MALLINCKRODT does not accept a Purchase Order pursuant to Paragraph 2.2 above):
(i) during the period from the Effective Date through the end of the first Contract Year hereof (i.e., during the period from October 1, 2003 through September 30, 2004) a minimum of [***] ([***]) [***] (or [***]) of Product which will consist of the Product Validation Lots,
(ii) during the second Contract Year, a minimum of [***] ([***]) [***] (or [***]) of Product,
(iii) during the third Contract Year hereof, a minimum of [***] ([***]) [***] (or [***]) of Product, and
(iv) during the fourth Contract Year and every subsequent Contract Year thereafter, at least [***] percent ([***]%) of the total quantity of Product purchased by AMYLIN during each Contract Year for the manufacture of Exenatide Injection Drug for commercial sale anywhere in the world that MALLINCKRODT has authorized reference of its Drug Master File for Product or [***] ([***]) [***] of Product whichever is greater. Notwithstanding the above, ...
Purchase and Sale of Product. During the Term, Company shall sell and deliver to AbbVie, and AbbVie shall purchase and take delivery of such quantities of Product as shall equal the Applicable Percentage of AbbVie Product Requirements. Except as otherwise expressly provided herein, Company, as the supplier of Product, shall be solely responsible for all costs and expenses incurred in connection with the Manufacture of Product, including costs and expenses of personnel, quality control testing, supply facilities, equipment and materials.
Purchase and Sale of Product. Subject to the terms and conditions of this Agreement, during each Reporting Year during the Term, SPAEC Supplier shall sell, and Company shall purchase, all rights, title and interest in the Product up to the SPAEC Quantity specified in Appendix C. Unless otherwise agreed by the Parties, Company shall not be obligated to purchase, or to accept delivery, of any Product in excess of either the SPAEC Quantity per Reporting Year or the SPAEC Quantity per Quarter for any Quarter.
Purchase and Sale of Product. Upon obtaining the first of the Regulatory Approvals required for manufacturing Product at the Facility, pursuant to the terms and conditions of this Agreement and during each Commercial Year, and subject to the exceptions of Section 4.4, Hospira shall manufacture, sell and deliver Product to Theravance, and Theravance shall purchase and take delivery of [***] of its requirements for Product in those jurisdictions within the Territory where Regulatory Approval(s) have been obtained. Notwithstanding any of the foregoing, Theravance shall be entitled to [***] for purposes of [***] and such batches shall [***] to purchase and take delivery of Product from [***] under this Section 5.1.
Purchase and Sale of Product. 29 Section 6.1 Purchases by Buyers 29 Section 6.2 Seller’s Failure 29 Section 6.3 Buyers’ Failure 29 Section 6.4 Nature of Remedies 30
Purchase and Sale of Product. Pursuant to the terms and conditions of this Agreement and for the duration of this Agreement, Abbott shall manufacture, sell and deliver the Products to Hospira in the quantities requested pursuant to Section 2.1(b) and Hospira shall purchase and take delivery of its worldwide requirements of the Products from Abbott.
Purchase and Sale of Product. 39 Section 6.1 Purchases by Buyer ......................................................................................... 39 Section 6.2 Third Party Sales ............................................................................................. 40 Section 6.3 Buyer’s Failure ................................................................................................ 40 Section 6.4
