Special Provisions to Apply During the Initial Supply Period Sample Clauses

Special Provisions to Apply During the Initial Supply Period. This provision 6.2 shall apply during the Initial Supply Period only and this Section 6.2 shall cease to have effect after the Initial Supply Period: 6.2.1 Firm Orders Before and After the Launch Date. (a) Before and after the Launch Date approved by the JSC, at least five (5) days before the first day of each month, Aventis shall order from Product Supplier(s) of Finished VP Product or from ViroPharma, as applicable, Finished VP Product (by SKU) for delivery to Aventis by the end of the second month after such month (i.e., three (3) months and five (5) days after such ---- order), or such later date as is specified by Aventis (each such order, an "Order"), but in the case of Orders made before the Launch Date, in no event for delivery before the later of (i) the Launch Date, and (ii) the date four (4) weeks after the date of Regulatory Approval by the FDA of such VP Product. For the sake of clarity, except as set forth in Section 6.2.3, Aventis shall only be obligated to accept Finished VP Product. (b) ViroPharma shall, or shall cause its Product Supplier of Finished VP Product to, accept, or reject, as permitted in this Section 6.2.1, within five (5) business days any Order received from Aventis and shall, or shall cause its Product Supplier of Finished VP Product, to accept any Order for a number of units of Finished VP Product up to ****** per cent (******%) of the number of units of Finished VP Product forecasted in the short term forecast to be delivered in the month of delivery, ****** (******) ****** prior to the date of delivery of such Order (the "Maximum Order"). (For example, if in January the MSC forecasts a required delivery of 100 units in ******, then the total of Firm Orders for ****** placed five (5) days before ****** shall not obligate ViroPharma to deliver more than ****** units by the end of ******.) ViroPharma shall, or shall cause its Product Supplier of Finished VP Product to, exert commercially reasonable efforts to supply such quantities ordered by Aventis, which exceed the Maximum Order. However ViroPharma or its designated Product Supplier of Finished VP Product shall not be obligated to fulfill such orders in excess of the Maximum Order by drawing down from the ViroPharma safety stock of VP Compound, unless the SCSC agrees thereto. The number of units ordered up to and including the Maximum Order and, to the extent accepted by ViroPharma, any number of units ordered in excess of the Maximum Order, shall be a "Firm Order". (c) ...
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