Common use of Purchase Price; Payment Terms Clause in Contracts

Purchase Price; Payment Terms. CPI shall sell the Products to Neos at the prices set forth on Exhibit 5, attached hereto (the “Prices”), which Price may be subject to ratchet as set forth in Exhibit 5 or as otherwise set forth in Section 4.1 above. CPI shall submit invoices for Products to Neos upon shipment of such Products. Sales, use, value added and other taxes applicable to sales of Products to Neos shall be the sole responsibility of Neos and shall, if required by applicable Law, be added to CPI’s invoice to Neos and paid by Neos together with the balance otherwise due thereon, or if such taxes are required to be paid by CPI, shall be reimbursed by Neos to CPI promptly on invoice therefor. Invoices shall be paid by Neos in U.S. dollars, in full (other than any portion of such Invoice that is disputed in good faith on a basis other than an allegation that there was Defective Product) within sixty (60) days after the date of invoice. Any undisputed amounts that remain outstanding after such sixty (60) day period will be subject to interest at one and one-half percent (1.5%) per month. If Neos fails to pay any invoice when due, CPI may suspend deliveries of all Products to Neos until all past due payments have been made by Neos to CPI. Notwithstanding the foregoing, CPI shall not suspend the delivery of Products to the extent that Neos’ refusal to pay is the result of a good faith dispute between the Parties concerning the amounts owed that is not based on an allegation that there was Defective Product. For the avoidance of doubt, if CPI suspends deliveries in accordance with this Section 5, Neos acknowledges and agrees that it shall have no claim against CPI for damage or loss resulting from such suspension, including loss of profit or business opportunity, indirect, incidental or consequential damages.

Purchase Price; Payment Terms. CPI 5.1 In consideration for the manufacture and sale to Buyer of the Products, Buyer shall sell pay to Seller the purchase price for the Products to Neos at based upon the prices set forth on Exhibit 5, attached hereto (the “Prices”)applicable quotation, which Price may shall be subject to ratchet as based upon the general principles set forth in Exhibit 5 Attachment A. 5.2 Except as provided in this Agreement or as otherwise set forth in Section 4.1 above. CPI shall submit invoices for Products to Neos upon shipment of such Products. Salesapplicable Purchase Orders or quotation documentation, use, value added and other taxes applicable to sales of Products to Neos the pricing stated shall be complete and the sole responsibility maximum charged to Buyer. No additional charges of Neos and shall, if required by applicable Law, any type shall be added to CPIwithout Buyer’s invoice to Neos and paid by Neos together with the balance otherwise due thereon, or if such taxes are required to be paid by CPI, shall be reimbursed by Neos to CPI promptly on invoice therefor. Invoices shall be paid by Neos in U.S. dollars, in full (other than any portion of such Invoice that is disputed in good faith on a basis other than an allegation that there was Defective Product) within sixty (60) days after the date of invoice. Any undisputed amounts that remain outstanding after such sixty (60) day period will be subject to interest at one and one-half percent (1.5%) per month. If Neos fails to pay any invoice when due, CPI may suspend deliveries of all Products to Neos until all past due payments have been made by Neos to CPIexpress written consent. Notwithstanding the foregoing, CPI shall not suspend should the delivery of Products cost to the extent that Neos’ refusal to pay is the result of a good faith dispute between the Parties concerning the amounts owed that is not based Buyer on any given line item component on an allegation active quotation, as negotiated by Seller with suppliers using commercially best efforts, exceed the quoted price for such line item component by **** or less, such variance shall be presumptively acceptable to Buyer without express written consent. 5.3 Seller warrants that there was Defective the prices for the costed bxxx of material sold to Buyer hereunder are no less favorable than those currently extended to any other customer, provided that such material is sold under the same supply chain model and under the same minimum and economic order quantities. 5.4 On receipt of advance notification of Buyer’s increased requirements, additional Products may be added by mutual written agreement of the Parties. 5.5 Payment terms shall be net *** from the date of receipt of invoice of such Product with a discount of ***. Invoicing typically occurs within one (1) day after shipment of Product. For Payment will occur via wire transfer. 5.6 Buyer and Seller agree to establish a “benchmark” of standard material cost for material purchased by Seller and used to produce Buyer’s Product and reviewed on a quarterly basis. This benchmark will be per the avoidance agreed on pricing as outlined *** = CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. in Seller’s quotation and attached as Attachment A. If market conditions affect the price of doubtsuch material, if CPI suspends deliveries Buyer and Seller will review the impact of such fluctuation and mutually agree in accordance with this Section 5, Neos acknowledges and agrees that it shall have no claim against CPI for damage or loss resulting from such suspension, including loss of profit or business opportunity, indirect, incidental or consequential damageswriting to any pricing changes arising therefrom.

Purchase Price; Payment Terms. CPI 5.1 In consideration for the manufacture and sale to Buyer of the Products, Buyer shall sell pay to Seller the purchase price for the Products to Neos at based upon the prices set forth on Exhibit 5, attached hereto (the “Prices”)applicable quotation, which Price may shall be subject to ratchet as based upon the general principles set forth in Exhibit 5 Attachment A. 5.2 Except as provided in this Agreement or as otherwise set forth in Section 4.1 above. CPI shall submit invoices for Products to Neos upon shipment of such Products. Salesapplicable Purchase Orders or quotation documentation, use, value added and other taxes applicable to sales of Products to Neos the pricing stated shall be complete and the sole responsibility maximum charged to Buyer. No additional charges of Neos and shall, if required by applicable Law, any type shall be added to CPIwithout Buyer’s invoice to Neos and paid by Neos together with the balance otherwise due thereon, or if such taxes are required to be paid by CPI, shall be reimbursed by Neos to CPI promptly on invoice therefor. Invoices shall be paid by Neos in U.S. dollars, in full (other than any portion of such Invoice that is disputed in good faith on a basis other than an allegation that there was Defective Product) within sixty (60) days after the date of invoice. Any undisputed amounts that remain outstanding after such sixty (60) day period will be subject to interest at one and one-half percent (1.5%) per month. If Neos fails to pay any invoice when due, CPI may suspend deliveries of all Products to Neos until all past due payments have been made by Neos to CPIexpress written consent. Notwithstanding the foregoing, CPI shall not suspend should the delivery of Products cost to the extent that Neos’ refusal to pay is the result of a good faith dispute between the Parties concerning the amounts owed that is not based Buyer on any given line item component on an allegation active quotation, as negotiated by Seller with suppliers using commercially best efforts, exceed the quoted price for such line item component by [***] or less, such variance shall be presumptively acceptable to Buyer without express written consent. 5.3 Seller warrants that there was Defective the prices for the costed xxxx of material sold to Buyer hereunder are no less favorable than those currently extended to any other customer, provided that such material is sold under the same supply chain model and under the same minimum and economic order quantities. 5.4 On receipt of advance notification of Buyer’s increased requirements, additional Products may be added by mutual written agreement of the Parties. 5.5 Payment terms shall be net [***] from the date of receipt of invoice of such Product with a discount of [***]. Invoicing typically occurs within one (1) day after shipment of Product. For Payment will occur via wire transfer. 5.6 Buyer and Seller agree to establish a “benchmark” of standard material cost for material purchased by Seller and used to produce Buyer’s Product and reviewed on a quarterly basis. This benchmark will be per the avoidance agreed on pricing as outlined in Seller’s quotation and attached as Attachment A. If market conditions affect the price of doubtsuch material, if CPI suspends deliveries Buyer and Seller will review the impact of such fluctuation and mutually agree in accordance with this Section 5, Neos acknowledges and agrees that it shall have no claim against CPI for damage or loss resulting from such suspension, including loss of profit or business opportunity, indirect, incidental or consequential damageswriting to any pricing changes arising therefrom. *** = CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.