Purchase Order Changes a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order.
b. Only Xxxxx’s Procurement Representative has authority on behalf of Buyer to make changes to this Purchase Order. All amendments must be identified in writing and executed by the parties.
c. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property.
d. Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this Purchase Order.
e. Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.
Purchase Order Changes. Customer shall notify Nitto in writing of any purchase order adjustments, such as engineering changes, hold orders, partial releases, quantity modifications, and delivery schedule changes. As a result of such changes, Nitto may adjust the delivery schedule and prices.
Purchase Order Changes. Buyer may change any purchase order. Buyer and Seller will negotiate any resulting price or delivery changes, which must be approved in writing by Xxxxx.
Purchase Order Changes. The Envistacom POC may at any time, by written notice make changes within the general scope of this Purchase Order upon mutual agreement between the Parties. If any such change causes an increase or decrease in the cost of, or the time required for performance of any part of this Purchase Order, Envistacom may request an updated quote from the Supplier. Envistacom shall make an equitable adjustment in the contract price and/or delivery schedule and modify this Agreement upon mutual agreement between the Parties, as required.
Purchase Order Changes. In the event that Omeros requests any change to the Delivery date set forth in a Firm Purchase Order, Hospira shall attempt to accommodate the Delivery date change within reasonable manufacturing capabilities and efficiencies. [†]. Hospira shall also advise Omeros of the reasonable costs associated with making any such Delivery date change (if any), and Omeros shall be deemed to have accepted the obligation to pay Hospira for such associated, reasonable costs if Omeros indicates in writing to Hospira that Hospira should proceed to make the change. Hospira shall charge Omeros the amount agreed upon in writing by Omeros for making any such Delivery date change. If Omeros cancels a Firm Purchase Order, Hospira shall be relieved of its obligation relating to such order, but Omeros will not be relieved of its obligation of payment unless Hospira agrees to such cancellation in writing [†]. Subject to Hospira’s compliance with the terms of Section 2.6.4, if Omeros (a) does not supply sufficient API to Process Product in accordance with a given Firm Purchase Order, or (b) acts in any other † DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION manner, not including any change requested by Omeros due to changes in regulatory or other Applicable Law or to ensure that the Product meets the Specifications, to directly and effectively interfere with Hospira’s ability to perform in accordance with a given Firm Purchase, Omeros shall remain liable for the full amount of the Firm Purchase Order, regardless of whether such Product is Processed by Hospira or whether Omeros takes Delivery of any such Processed Product [†]. Notwithstanding the foregoing, Hospira shall use its commercially reasonable efforts to supply Omeros with quantities of Product which are in excess of the quantities specified in a Firm Purchase Order, subject to Hospira’s other supply commitments and manufacturing and equipment capacity.
Purchase Order Changes. So long as Maxim continues to fulfill its take or pay obligations per Section 8.3 (unless Supplier breaches its minimum supply obligation hereunder), and without derogating from such take or pay and such minimum supply obligations:
Purchase Order Changes. 1.3.1 AT&T may issue a Change Order in order to (i) implement any change or modification as required by or permitted by this Agreement; or (ii) correct typographical or clerical errors.
1.3.2 At any time prior to Supplier’s delivery of the Service, or any component thereof, to the common carrier, AT&T may issue a Change Order to: (i) change a location for delivery; (ii) modify the quantity; (iii) modify the delivery date; (iv) order Services(s) which are of a superior quality, enhancements to, new release of or new option(s) of the Services, (consistent with the respective Service Exhibit), set forth in the P.O; or (v) any other reason contemplated by this Agreement. Any such Change Orders are to be reviewed with Supplier to determine what (if any) further price / scheduling adjustments are necessary (such as the application of reasonable, mutually agreed upon re-stocking fees) based on the changes submitted by AT&T.
1.3.3 Supplier will notify AT&T of all anticipated partial shipments by telephone, facsimile or mutually agreed upon e-mail as soon as Supplier has knowledge or no later than forty-eight (48) hours in advance of shipment for alteration of the P.O., as appropriate.
Purchase Order Changes. Buyer reserves the right to modify the purchase order with respect to quantities, delivery schedules and/or specifications as desired by Buyer by issuing one or more change orders to Seller. Seller shall not make any changes to Purchase Orders or affecting the Goods without the prior written consent of Buyer, which shall be withheld in its sole discretion.
Purchase Order Changes. If VIASPACE requests changes to any Purchase Order prior to the Pick Up Date of Giant King Grass, VGE will attempt to accommodate such changes within its reasonable distribution capabilities and efficiencies. VGE shall advise VIASPACE of its fully burdened costs associated with making any such change and VIASPACE shall be deemed to have accepted the obligation to pay VGE for such costs if VIASPACE directs VGE in writing to proceed to make the change after receiving notice of such costs.
Purchase Order Changes. Ciena may cancel, suspend, reschedule, reconfigure or otherwise materially modify all or any part of an outstanding Purchase Order at no charge, provided that Supplier receives written notice at least [*] prior to the scheduled date of delivery. In the case of rescheduling, any newly requested delivery date must be within [*] of the original scheduled delivery date and receive written agreement of Supplier. All other requests to materially modify a Purchase Order require written agreement of Supplier and may be subject to a restocking fee in the amount [*] of the purchase price of the affected Products. Ciena shall have no liability to Supplier with respect to any Purchase Order that Ciena cancels contemporaneously with its termination of this Agreement pursuant to Section 11.2(b) herein.
