Purchase Quantities. Each purchase order shall specify the quantity of units of Product being ordered. Quantities actually shipped pursuant to a given purchase order may vary from the quantities reflected in such purchase order by up to ten percent (10%) and still be deemed to be in compliance with such purchase order, provided however, that ORPHAN shall only be invoiced and required to pay for the quantities of Product which DSM actually ships to ORPHAN.
Purchase Quantities. All Product shall be ordered in Lot sizes or whole multiples thereof. Each purchase order shall specify the quantity of Units of Product being ordered. Quantities actually shipped pursuant to a given purchase order may vary from the quantities reflected in such purchase order by up to ten percent (10%) and still be deemed to be in compliance with such purchase order.
Purchase Quantities. JULPHAR shall ship the quantities specified in the PO by the delivery date designated in all POs confirmed by JULPHAR pursuant to Section 5.4 MANUFACTURING AND SUPPLY AGREEMENT PAGE 8 above. Variations in shipments as outlined herein shall be deemed to be in compliance with such PO; provided, however, that DANCE shall only be invoiced and required to pay for the quantities of Active Ingredient which JULPHAR and/or its Affiliates actually ships to DANCE. All shipments of Active Ingredient shall be accompanied by a packing slip and a Certificate of Analysis which describes the Active Ingredient, states the PO number, confirms that the Active Ingredient conforms in all ways with the Specifications and was manufactured in accordance with cGMP and all other requirements of the FD & C Act and all other Applicable Laws, rules and regulations. To the extent of any conflict or inconsistency between this Agreement and any PO, or confirmation, the terms of this Agreement shall govern. DANCE shall notify JULPHAR of any short shipment claims within thirty (30) days of delivery of a shipment of Active Ingredient.
Purchase Quantities. Distributor agrees to purchase from Supplier a minimum of 1,008,000 bottles during the first year of the contract, 3,024,000 bottles during the second year: of the contract and over 6,000,000 bottles during the third of the contract and thereafter in following years. If the distributor does not meet the minimum case purchases, the supplier may terminate the agreement for cause.
Purchase Quantities. Except as otherwise set forth in this Agreement, Tercica shall accept and pay for all Drug Substance that complies with the warranties set forth in Sections 17.1 and 17.2, up to the amount set forth in each applicable Firm Order. Subject to the provisions of Article 13, Tercica shall have no obligation to pay for, and CBSB shall replace, at CBSB’s cost, any Non-Conforming Drug Substance resulting from any Commercial Run. CBSB shall have no liability or obligation whatsoever with respect to Drug Substance resulting from any Commercial Runs for any reason other than CBSB’s breach of the warranty terms set forth in Section 17.1 or Section 17.2.
Purchase Quantities. The District reserves the right to adjust upward, or downward the quantities of items purchased without altering the unit Purchase Price upon award and throughout the term of this Agreement.
Purchase Quantities. (a) Each Purchase Order shall specify the quantity of each Product being ordered. Quantities actually shipped pursuant to a given Purchase Order may vary from the quantities reflected in such Purchase Order by up to *** (***%) and still be deemed to be in compliance with such Purchase Order, unless a different quantity is otherwise agreed to by Company prior to shipment (i.e. to maintain batch integrity); provided that Company shall only be invoiced and required to pay for the quantity of the Product which Supplier actually delivers to Company. Changes to Delivery Dates are acceptable so long as they fall within the range of *** (***) business days early and *** (***) business days late. Dock appointments shall be requested at least forty-eight (48) hours prior to planned delivery.
Purchase Quantities. Quantities actually shipped pursuant to a given monthly purchase order may vary from the monthly quantities reflected in such purchase order by up to […***…] percent ([…***…]%) and still be deemed to be in compliance with such purchase order; provided, however, after commercial launch, and except as otherwise provided in this Agreement, Horizon shall only be invoiced and required to pay for the quantities of Product which sanofi-aventis actually ships to Horizon.
Purchase Quantities. (a) Each Contract Year, Anchor shall make available for purchase by AB, in the Specifications requested by AB, the Maximum Production Quantity of Bottles, subject to AB's release of any portion of such production in accordance with this Article 2. Each Contract Year AB shall purchase from Anchor, in the Specifications requested by AB, the Requirements, subject to the limit stated in subsection (c) below.
(b) To the extent that Anchor may determine, from time to time, that the Maximum Production Quantity exceeds the sum of the Requirements and any additional Bottles being purchased by AB under this Agreement, Anchor shall so notify AB. AB shall have fifteen (15) days after it receives such notice within which to notify Anchor that AB will purchase such excess production, and the location to which such Bottles are to be delivered; provided, that AB shall never be obligated to notify Anchor before October 1 of the year prior to the Contract Year in which AB would purchase such production. Any such purchases shall be under the same terms and conditions set forth in this Agreement, except that if AB requests such deliveries to locations other than the Breweries, any added charge for transportation, delivery, insurance and warehousing shall be as negotiated, * * * Anchor shall be free to sell to any third party any such excess which AB has not committed to purchase under the foregoing provisions.
(c) In no event shall Anchor be obligated to provide under this Agreement any Bottles in excess of the Maximum Production Quantity. Without AB's express written consent, Anchor may neither reduce the Maximum Production Quantity to less than the Rated Production Capacity nor reduce the Rated Production Capacity.
(d) To the extent that AB anticipates that its future Requirements may exceed the Maximum Production Quantity available, AB shall discuss such needs with Anchor, and subject to Anchor obtaining, under terms acceptable to it, any capital funding needed to fund any improvements needed to meet such Requirements, Anchor shall implement the construction of any such capacity increase so that such additional capacity is available to AB within nine months after Anchor has received the financial commitment and any environmental permits necessary for such capital improvements. Upon completion of any such improvements, the Maximum Production Quantity shall be increased by the amount of any such capacity increase (pro-rated for the year in which such capacity increase is com...
Purchase Quantities. (a) The target number of Systems we are to purchase under this Agreement shall be: (i) ****CONFIDENTIAL TREATMENT REQUESTED**** Systems prior to the first (1st) anniversary of the Initial Delivery Date, purchased according to the rolling twelve (12) month forecast described in paragraph 7, (ii) an additional ****CONFIDENTIAL TREATMENT REQUESTED**** Systems prior to the second (2nd) anniversary of the Initial Delivery Date, and (iii) an additional ****CONFIDENTIAL TREATMENT REQUESTED**** Systems prior to the third (3rd) anniversary of the Initial Delivery Date. In the event that this Agreement continues in effect after the third (3rd) anniversary of the Initial Delivery Date, the target number of Systems we are to purchase in each subsequent year shall be determined by good faith agreement between you and us at least ninety (90) days before the beginning of such year, and will be in the range of ****CONFIDENTIAL TREATMENT REQUESTED**** % to ****CONFIDENTIAL TREATMENT REQUESTED**** % greater than the target number for the preceding year, unless you and we agree otherwise. Purchases in all years beyond 2006 shall be made in a quarterly spread as mutually agreed upon at least ninety (90) days in advance of the contract year based on an assessment of the then current sales year purchasing pattern.
(b) If we fail to purchase the annual target number of Systems in clauses (i) and (ii) of paragraph (a) above, prior to the third (3rd) anniversary of the Initial Delivery Date for any reason (except as described below), then, upon your delivery to us of written notice of such failure, our rights under paragraph 2 of this Agreement shall become non-exclusive in nature and thereafter you will have the right to yourself distribute and sell, and grant to third parties the right to distribute and sell, the System within the Market in the Territory. In addition, if we fail to purchase at least ****CONFIDENTIAL TREATMENT REQUESTED**** % of the annual target number of Systems in any year for any reason (except as described below), then you may terminate this Agreement by written notice to us of such failure.
(c) If we place an order for Systems that would not result in our purchases of Systems exceeding ****CONFIDENTIAL TREATMENT REQUESTED**** % of the quantities reflected in our then-current purchase forecast furnished to you pursuant to paragraph 7 and you reject such order, the target purchase quantity for the period in which such order was placed will be reduced by the n...
