Purchase of Requirements. During the term of this Agreement, Buyer agrees to buy from Supplier all of Buyer’s requirements for the Product in accordance with the terms of this Agreement.
Purchase of Requirements. (a) Subject to the other provisions of this Article II, Purchaser agrees to purchase from Supplier and Supplier agrees to sell to Purchaser 100% of Purchaser’s requirements for PET Products for the Constar Customers. Purchaser shall sell to Supplier the resin necessary to produce the PET Products at a price to be agreed from time to time and will invoice Supplier for payment based on historic practices at the SLC Facility.
Purchase of Requirements. Subject to the terms and provisions of Exhibit "D" hereto, Supplier shall be Buyer's exclusive source of secondary ingot and molten metal with respect to the Scrap Based Alloys used by the Mill in conformance with the specifications detailed in Exhibit "A" hereto (the "Product") up to the Target Volume. For purposes of this Agreement, "Scrap Based Alloys" shall refer to all aluminum alloys except alloys 1100, 1350, 8111 and 5052 and any additional high purity alloys which may be excluded by mutual agreement as listed in the Registration Record of Aluminum Association Designation and Chemical Composition Limits for Wrought Aluminum and Wrought Aluminum Alloys ("Green Sheet"). Buyer shall, however, be permitted to purchase nominal quantities of primary alloys and other "sweeteners" from vendors other than Supplier to achieve the standards set forth for Scrap Based Alloys in the Green Sheet. In determining the source of raw materials to be used in the production of Buyer's alloys, it is the intent of Buyer to maximize the use of Scrap (as defined in Section 4.01(a) below) in the composition of Scrap Based Alloys. Notwithstanding anything in this Section 2.01 to the contrary, Buyer has arrangements for tolling with certain of its sheet customers, and such arrangements shall not be deemed to be a violation of this Agreement; provided however, that Buyer shall notify Supplier in writing of all such arrangements, and provided further that the aggregate annual volume for all such third party tolling of Scrap Based Alloys shall not exceed eight percent (8%) of the Target Volume.
Purchase of Requirements. Subject to the terms and conditions of this Agreement, Lilly will be the exclusive Manufacturer of Devices for worldwide distribution of Product pursuant to the terms of the Collaboration Agreement, including, without limitation, Devices for purchase by Amylin for sale of Product in the U.S. market. Amylin shall purchase its entire requirements for Devices from Lilly. Lilly shall also Manufacture Devices for its own account for sale by Lilly of Product in the Territory outside the U.S. as contemplated by the Collaboration Agreement. In the event of any termination of this Agreement by Amylin, and for so long as the Collaboration Agreement continues in full force and effect, Lilly shall have the continued right to Manufacture Devices for sale by Lilly in the Territory outside the U.S., unless Lilly’s continued Manufacture of Devices prevents it from fulfilling its obligation to continue to supply Devices to Amylin pursuant to Section 11.6 until such time as the transfer described in Article 11 of this Agreement is complete. The […***…] shall be included in the Cost of Product Sold as part of the periodic reconciliation of Operating Profits or Losses contemplated in Section 4.5 of the Collaboration Agreement. Except as expressly permitted by Article 8 hereof, Amylin shall have no right to Manufacture Devices itself, or to use the Devices for any purpose other than delivery of Product pursuant to the Collaboration Agreement. The Parties agree that this Agreement is not intended to cover the supply of pens in relation to clinical trials of the Product prior to approval by Regulatory Authorities.
Purchase of Requirements. Customer shall purchase and accept from Manufacturer, and Manufacturer shall supply to Customer from the list of Products identified in Schedule A for skin care products to be sold or used in the Market in the Territory for use in the Field.
Purchase of Requirements. The Purchaser, desiring to purchase Manufacturer's chemical carpet cleaning product known as "Carpet Details" (the "PRODUCT"), shall purchase the PRODUCT from Manufacturer, for a period of ten (10) years from the date hereof, with Purchaser's option to extend the term for an additional ten (10) years, at the prices listed in the attached schedule of Manufacturer's List Prices, in such quantity as shall satisfy the Purchaser's entire requirements for product of this type during the term of this agreement.
Purchase of Requirements. (a) In consideration of the grant of Licensed Rights, LICENSEE covenants to purchase or obtain (only pursuant to Section 3d) its requirements of Hydrolyzed Collagen Type II exclusively from BIOCELL or, with BIOCELL’s written consent, from an Authorized Distributor.
(b) LICENSEE shall purchase Hydrolyzed Collagen Type II exclusively from BIOCELL or its Authorized Distributor by written purchase order per BIOCELL's most recent price list, which may change from time to time at BIOCELL's sole discretion. In the event of any conflict between the terms of such purchase order and this Agreement, or any sales order acknowledgement sent by BIOCELL, the terms of this Agreement and BIOCELL’s sales order acknowledgement shall govern. All additional terms in any purchase order are hereby rejected by BIOCELL. In the event, LICENSEE is having the Licensed Consumer Product contract manufactured, LICENSEE shall purchase Licensed Consumer Products exclusively from an Authorized Contract Manufacturer and only pursuant to Section 3(d) below.
(c) When purchasing Hydrolyzed Collagen Type II directly from BIOCELL, all orders shall be pre-paid unless and until LICENSEE’s application for credit is approved, which shall be at BIOCELL’s sole discretion. LICENSEE shall pay interest on all late payments at the lesser of 1.5% per month or the highest rate permitted by law, calculated daily and compounded monthly. LICENSEE shall reimburse BIOCELL for all costs incurred in collecting any late payments, including, but not limited to, reasonable attorneys' fees. In addition to and not in lieu of any other remedy, BIOCELL shall be entitled to suspend delivery of any products if LICENSEE fails to cure any payment failure within five (5) days of notice. LICENSEE shall not withhold any payment hereunder by reason of any set-off of any claim or dispute with BIOCELL. Unless otherwise agreed by the parties in writing, BIOCELL shall deliver Hydrolyzed Collagen Type II to the location specified in the purchase order, using BIOCELL’s standard methods for packaging and shipping such Hydrolyzed Collagen Type II. No purchase order, shipping instructions, or any other written or verbal agreement will supersede the terms herein.
(d) Should LICENSEE wish to have any of its Licensed Consumer Products manufactured or packaged by a third-party contract manufacturer, LICENSEE shall notify BIOCELL to ensure a BIOCELL Contract Manufacturer License Agreement is duly executed by the Authorized BIOCELL COLLAGEN® N...
Purchase of Requirements. For a period of ten (10) years from the date of this Agreement, through April 30, 2016, Supplier agrees to provide, pursuant to Purchaser’s specifications, and to sell to Purchaser, the Supplier’s traditional wound care products, more specifically described as tubular compression, retention and protective dressings and Unna Boots that are Class 1 medical devices, which do not carry the FDA requirement of 510(k) pre-market registration and certification, for resale to the following pharmaceutical wholesalers, in such quantities as shall satisfy the Purchaser’s requirements for resale to such pharmaceutical wholesalers during the term of this Agreement: McKesson Kinray Cardinal XxXxxxx HD Xxxxx Rockchester Drug DIK Drug Xxxxx Drug D&K Healthcare Xxxxxx Xxxxxxx Xxxxx Xxxx Value Drug
Purchase of Requirements. 1.1 During the Term of this Agreement, Buyer shall order and purchase exclusive) from Seller the Products identified and set forth on Schedule A attached hereto and incorporated herein. During the term of this Agreement, Seller shall be the sole and exclusive supplier of the Products for Buyer, and Buyer shall not order or purchase such Products from any other person, firm or entity without the prior written consent of Seller.
1.2 During the Term of this Agreement, and thereafter for a period of two (2) years, Seller agrees not to manufacture for any person or business other than Buyer any products competitive with the Products in markets addressed by NEXX, assemblies and subassemblies manufactured by Buyer hereunder.
Purchase of Requirements. C/M Products agrees to purchase from Manufacturer, and Manufacturer agrees, subject to the terms and conditions of this Agreement, including, without limitation, Section 1.4, to manufacture and sell to C/M Products, C/M Products' entire requirements for the Products for all of C/M Products' outlets, divisions, distributors and affiliates.
