Common use of Supplemental Orders; Changes to Orders Clause in Contracts

Supplemental Orders; Changes to Orders. a. If Integra desires to order additional units of Product in excess of Orders for the Binding Forecast, including if any such proposed order would result in Orders exceeding the applicable Maximum Quarterly Order, Integra shall notify SeaSpine in writing, stating the units of the Products requested and the date by which delivery of such Products is desired. SeaSpine shall have no obligation to accept any such order, but if SeaSpine accepts any such request (or any portion thereof) in writing, Integra shall be obligated to purchase all such quantities as a firm Order hereunder. b. Except as otherwise expressly permitted hereunder, any Order(s) deriving herefrom or related hereto may be changed, cancelled or amended only by written agreement signed by both Integra and SeaSpine, setting forth the particular changes to be made and the effect, if any, of such changes on the Prices and time of delivery. Integra may not cancel any Orders unless such cancellation is expressly agreed to in writing by SeaSpine. In the event of a cancellation that is expressly agreed to in writing by SeaSpine, SeaSpine will advise Integra of the total charge for such cancellation, and Integra agrees to pay such charges. Certification of such costs by SeaSpine’s independent public accountants shall be conclusive on the Parties.

Supplemental Orders; Changes to Orders. a. If Integra SeaSpine desires to order additional units of the Product in excess of Orders for the Binding Forecast, including if any such proposed order would result in Orders exceeding the applicable Maximum Quarterly Order, Integra SeaSpine shall notify SeaSpine Integra in writing, stating the units of the Products requested and the date by which delivery of such Products is desired. SeaSpine Integra shall have no obligation to accept any such order, but if SeaSpine Integra accepts any such request (or any portion thereof) in writing, Integra SeaSpine shall be obligated to purchase all such quantities as a firm Order hereunder. b. Except as otherwise expressly permitted hereunder, any Order(s) deriving herefrom or related hereto may be changed, cancelled or amended only by written agreement signed by both Integra SeaSpine and SeaSpineIntegra, setting forth the particular changes to be made and the effect, if any, of such changes on the Prices and time of delivery. Integra SeaSpine may not cancel any Orders unless such cancellation is expressly agreed to in writing by SeaSpineIntegra. In the event of a cancellation that is expressly agreed to in writing by SeaSpineIntegra, SeaSpine Integra will advise Integra SeaSpine of the total charge for such cancellation, and Integra SeaSpine agrees to pay such charges. Certification of such costs by SeaSpineIntegra’s independent public accountants shall be conclusive on the Parties.

Supplemental Orders; Changes to Orders. a. If Integra SeaSpine desires to order additional units grams of Microfib Product in excess of Orders for the Binding Forecast, including if any such proposed order would result in Orders exceeding the applicable Maximum Quarterly Order, Integra SeaSpine shall notify SeaSpine Integra in writing, stating the units grams of the Microfib Products requested and the date by which delivery of such Microfib Products is desired. SeaSpine Integra shall have no obligation to accept any such order, but if SeaSpine Integra accepts any such request (or any portion thereof) in writing, Integra SeaSpine shall be obligated to purchase all such quantities as a firm Order hereunder. b. Except as otherwise expressly permitted hereunder, any Order(s) deriving herefrom or related hereto may be changed, cancelled or amended only by written agreement signed by both Integra SeaSpine and SeaSpineIntegra, setting forth the particular changes to be made and the effect, if any, of such changes on the Prices and time of delivery. Integra SeaSpine may not cancel any Orders unless such cancellation is expressly agreed to in writing by SeaSpineIntegra. In the event of a cancellation that is expressly agreed to in writing by SeaSpineIntegra, SeaSpine Integra will advise Integra SeaSpine of the total charge for such cancellation, and Integra SeaSpine agrees to pay such charges. Certification of such costs by SeaSpineIntegra’s independent public accountants shall be conclusive on the Parties.