Common use of Purchases of Product Clause in Contracts

Purchases of Product. Distributor shall order Product by issuing binding purchase orders (each, a "Purchase Order") to OSUR pursuant to the terms of this Agreement. Each Purchase Order shall be Subject to Section 4.3 and shall state the quantity of Product to be purchased, delivery date(s), routing instructions, destination(s) and continuation of the applicable price hereunder. OSUR shall indicate its acceptance or rejection of a Purchase Order within five (5) Business Days after receipt; provided that OSUR may reject a Purchase Order, in whole or in part, only if: (a) the Purchase Order fails to comply with the terms and conditions of this Agreement; (b) the delivery date is less than one hundred twenty (120) days from the date of OSUR's receipt of the Purchase Order (except for the initial stocking order under Section 4.5); or (c) the volume under the Purchase Order and all other accepted Purchase Orders covering the same period exceeds the volume in Distributor's then current forecast (delivered pursuant to Section 4.7) for such period by more than 50%. If requested by Distributor following Distributor's receipt of OSUR's rejection notice under clause (c) above, OSUR will use commercially reasonable efforts to deliver the excess volume of Product specified in the rejected Purchase Order, but OSUR's failure to so deliver the excess volume shall not be a breach of this Agreement. OSUR's sole obligation in filling any accepted Purchase Orders shall be to use commercially reasonable efforts to fill Distributor's orders for Product. In no event shall OSUR be liable to any third party for OSUR's failure to deliver Product to Distributor by any delivery due date set forth in any Purchase Order. Each Purchase Order shall be for a minimum of 50,000 Units.

Purchases of Product. Distributor shall order Product by issuing binding purchase orders (each, a "“Purchase Order"”) to OSUR pursuant to the terms of this Agreement. Each Purchase Order shall be Subject subject to Section 4.3 and shall state the quantity of Product to be purchased, delivery date(s), routing instructions, destination(s) and continuation confirmation of the applicable price hereunder. OSUR shall indicate its acceptance or rejection of a Purchase Order within five (5) Business Days after receipt; provided that OSUR may reject a Purchase Order, in whole or in part, only if: (a) the Purchase Order fails to comply with the terms and conditions of this Agreement; (b) the delivery date is less than one hundred twenty (120) days from the date of OSUR's ’s receipt of the Purchase Order (except for the initial stocking order under Section 4.5); or (c) the volume under the Purchase Order and all other accepted Purchase Orders covering the same period exceeds the volume in Distributor's ’s then current forecast (delivered pursuant to Section 4.7) for such period by more than 50%. If requested by Distributor following Distributor's ’s receipt of OSUR's ’s rejection notice under clause (c) above, OSUR will use commercially reasonable efforts to deliver the excess volume of Product specified in the rejected Purchase Order, but OSUR's ’s failure to so deliver the excess volume shall not be a breach of this Agreement. OSUR's ’s sole obligation in filling any accepted Purchase Orders shall be to use commercially reasonable efforts to fill Distributor's ’s orders for Product. In no event shall OSUR be liable to any third party for OSUR's ’s failure to deliver Product to Distributor by any delivery due date set forth in any Purchase Order. Each Purchase Order shall be for a minimum of 50,000 Units.

Purchases of Product. Distributor shall order Product The Purchaser may purchase Products from the Supplier by issuing binding purchase orders (each, a "“Purchase Order"”) to OSUR the Supplier pursuant to the terms of this Agreement. Each Purchase Order shall be Subject subject to Section 4.3 5.4 and shall state the quantity and type of Product to be purchased, delivery date(s), routing instructions, destination(s) and continuation confirmation of the applicable price Transfer Price hereunder. OSUR The Supplier shall indicate its acceptance or rejection of a Purchase Order within five ten (510) Business Days after receipt; provided that OSUR the Supplier may reject a Purchase Order, in whole or in part, only if: (a) the Purchase Order fails to comply with the terms and conditions of this Agreement; or (b) the delivery date is less than one hundred twenty (120) days from the date of OSUR's receipt of the Purchase Order (except for the initial stocking order under Section 4.5); or (c) the volume under the Purchase Order and all other accepted Purchase Orders covering the same period exceeds the volume in Distributor's the Purchaser’s then current forecast (delivered pursuant to Section 4.75.6) for such period by more than 50%% (fifty percent). If requested by Distributor Purchaser following Distributor's the Purchaser’s receipt of OSUR's the Supplier’s rejection notice under clause (cb) above, OSUR the Supplier will use commercially reasonable efforts to deliver the excess volume of Product the Products specified in the rejected Purchase Order, but OSUR's the Supplier’s failure to so deliver the excess volume shall not be a breach of this Agreement. OSUR's sole obligation in filling any accepted Purchase Orders shall be to use commercially reasonable efforts to fill Distributor's orders for Product. In no event shall OSUR the Supplier be liable to any third party Third Party for OSUR's the Supplier’s failure to deliver Product the Products to Distributor the Purchaser by any delivery due date set forth in any Purchase Order. Each Purchase Order shall be for a minimum of 50,000 Units.

Purchases of Product. (a) Distributor shall order Product by issuing binding purchase orders (each, a "“Purchase Order"”) to OSUR pursuant to the terms of this Agreement. Each Purchase Order shall be Subject subject to Section 4.3 and shall state the quantity of and SKU or Part Number for the Product to be purchased, delivery date(s), routing instructions, destination(s) and continuation confirmation of the applicable price Price hereunder. OSUR shall indicate its acceptance or rejection of a Purchase Order within five (5) Business Days after receipt; provided that OSUR may reject a Purchase Order, in whole or in part, only if: (ai) the Purchase Order fails to comply with the terms and conditions of this Agreement; (bii) the delivery date is or dates in such Purchase Order are less than one hundred twenty ninety (12090) days from the date of OSUR's ’s receipt of the Purchase Order Order; (except for the initial stocking order iii) Distributor shall have failed to forecast a sufficient quantity of canisters with sufficient lead times, as required under Section 4.54.5(b), to enable OSUR to assemble the Product covered by the Purchase Order; or (civ) the volume under the Purchase Order and all other accepted Purchase Orders covering the same period exceeds the volume in Distributor's ’s then current forecast (delivered pursuant to Section 4.74.6) for such period by more than fifty percent (50%). If requested by Distributor following Distributor's ’s receipt of OSUR's ’s rejection notice under clause (civ) above, OSUR will use commercially reasonable efforts to deliver the excess volume of Product on the delivery dates specified in the rejected Purchase Order, but OSUR's ’s failure to so deliver the excess volume shall not be a breach of this Agreement. OSUR's sole obligation in filling any accepted Purchase Orders shall be to use commercially reasonable efforts to fill Distributor's orders for Product. In no event shall OSUR be liable to any third party for OSUR's ’s failure to deliver Product to Distributor by any delivery due date set forth in any Purchase Order. Each Purchase Order shall be for a minimum of 50,000 Units*** Units of Product and Distributor shall order not less than *** Units of any Product with a single or the same SKU or Part Number.