Purchase Requirements. (a) Endo shall purchase from --------------------- Lavipharm during each period of three Term Years covered by a Definitive Product Purchase Plan or each Term Year, as the case may be, an amount (the "Target Amount") agreed between the parties for such period or Term Year pursuant to the procedures set forth in subsections (b) and (c) below. For the avoidance of doubt, the Parties acknowledge that the agreed Target Amount may refer both to the individual Target Amount for a specific Term Year and the aggregate Target Amounts for the period covered by the relevant Definitive Product Purchase Plan.
(b) During each period of three Term Years covered by a Definitive Product Plan, the Target Amount shall be at least 60% of the quantity of Final Product projected to be purchased during such period, and the Target Amount for each Term Year comprising such period shall be determined in the same manner. For the avoidance of doubt, the Parties acknowledge that up to three different Target Amounts may cover the same Term Year (i.e., because the same Term Year will be covered by three different Definitive Product Purchase Plans) and the Parties agree that the requirements for each Term Year under Sections 6.05 and 7.04 shall be analyzed independently for each such Target Amount.
(c) On or before the twentieth day of every month following the issuance of Marketing Authorization, Endo shall deliver to Lavipharm a written rolling order for the twelve (12) month period beginning on the first day of the following calendar month (as modified on a month-to-month basis, the "Rolling Order") projecting the quantity of Final Product to be purchased by Endo for each month of such period. The projection for the first three months (the "Three Month Order") of each Rolling Order shall constitute a firm purchase order, shall be invoiced as such and shall not be subject to any modification whatsoever. The Three Month Order shall state with specificity the Final Products ordered as well as the specific packaging required (e.g., medical sample or consumer purchase), consistent with applicable Packaging Specifications. Endo shall specify therein, for each month, the quantity of Final Product to be purchased. The remaining nine months of the Rolling Order may be modified by future Rolling Orders. All Rolling Orders for a Final Product that Endo may place with Lavipharm shall be subject to written acceptance by Lavipharm within seven days of receipt of such Rolling Order by Lavipharm and ...
Purchase Requirements. You shall (a) purchase initial Services for a Supported Software only for the most current generally available version of the Supported Software, and (b) initially purchase and renew Subscription Services for all of Your licenses of a Supported Software.
Purchase Requirements. During the term of this Agreement as set forth in Section 4, you are required to purchase Services for each Instance from either (i) Service Provider, when the Software Instance is obtained from Service Provider, or (ii) Red Hat or a Red Hat authorized business partner, when the Software Instance is obtained from Red Hat or authorized business partner. If you are using any of the Services to support or maintain instances of Red Hat or non-Red Hat software (other than Software Instances obtained from and for which you have paid Services Provider) either within or outside the Portal, then you are required to notify Red Hat of such use and pay Red Hat the standard published software subscription fees for such use (e.g. xxxxx://xxx.xxxxxx.xxx/wapps/store/catalog.html) under the terms of the Red Hat Enterprise Agreement, a copy of which is set forth at xxx.xxxxxx.xxx/xxxxxxxx. Distributing the Software and Services (or any portion) to a third party outside the Portal or using the Software and/or Services to support a third party without paying for each Instance is a material breach of this Agreement even though the open source license applicable to individual software packages may give you the right to distribute those packages (and this Agreement is not intended to interfere with your rights under those individual licenses). For clarification purposes, this Agreement does not apply to Software subscriptions purchased from Red Hat directly for use outside the Portal or in conjunction with the Red Hat Cloud Access program (as set forth at xxxxx://xxx.xxxxxx.xxx/solutions/cloud/access/enroll.html).
Purchase Requirements. Subject to the agreement between the Parties relating to Launch Stocks under Clause 4.7, Acorda shall be bound to order one hundred percent (100%) of the forecasted quantities of the Product for each month of the first three (3) months of the most recent rolling forecast referred to in Clause 4.1.3, but otherwise forecasts shall not be binding.
Purchase Requirements. DISTRIBUTOR shall be required [***] as set forth for the [***] and will [***].
Purchase Requirements. Without prejudice to Seller’s contract law remedies for Buyer's failure to purchase the Annual Minimum quantities, Seller may apply the following remedies: if, in any three (3) month period, Buyer, for any reason (except for reasons of a Force Majeure Event as defined below or a reason attributable to Seller), purchases and accepts less than eighty percent (80%) of the Quarterly Minimum, Seller may reduce, for the remaining Term of the Contract, the Annual Maximum by the same percentage that the quantity actually purchased and accepted by Xxxxx during said three (3) month period falls short of 100% of the Quarterly Minimum (i.e. if 10.
Purchase Requirements. Upon termination of this Agreement due to material breach or termination without notice by Merchant, Merchant, its successors and assigns shall, at Household's option and upon Household's request, purchase or arrange to purchase by a third party, the Accounts, without recourse to Household and without representations or warranty, express or implied, at a price determined by Household, in Household's sole discretion, but not less than the full amount of all of the outstanding Account balances; the purchase to occur not later than ninety (90) days after the effective date of termination of this Agreement and to be under such terms and conditions as are reasonably acceptable to Household. In any event, commencing on the effective date of termination of this Agreement, Merchant shall pay to Household, monthly, within ten (10) days of Household's request, a liquidation fee in the amount of $5.00 per active Account per month until such time as the outstanding Account balances/receivables are liquidated and paid in full or, if a purchase is required as stated above, such purchase of all of the outstanding Account balances is consummated and Household receives the purchase price.
Purchase Requirements. (a) Except as otherwise provided for by VMware, Customer may purchase initial Services only for the most current, generally available release of the Software.
(b) Customer must purchase and/or renew Services at the same Services level for all of the licenses for a particular Software product or suite that has been or is being installed in a given environment, such as Test, Development, QA, or Production (i.e. Customer cannot purchase Production level support for only one license of vSphere in its lab and purchase Basic level support for the other vSphere licenses in that environment).
(c) Except as otherwise provided in the applicable price list, the minimum term for any Service offering is one (1) year.
(d) These Services Terms and conditions will automatically update to VMware’s then-current Services terms and conditions set forth at xxxxx://xxx.xxxxxx.xxx/files/pdf/support/support_terms_conditions.pdf upon any renewal of Services.
Purchase Requirements. In addition to Correspondent’s obligations in this Agreement, Correspondent agrees to comply with Section 400 of the Loan Manual with regard to certain pre-purchase obligations, including, not limited to, the submission of a complete and accurate Delivery Submission Form, a copy of which is published on the Website under “Forms.”
Purchase Requirements. DISTRIBUTOR shall be required [***] as set forth for the months of [***], and will [***].
