Supply and Purchase of Products. [PARTY B] will supply and [PARTY A] will purchase the [SHORT DESCRIPTION OF THE PRODUCTS] (the "Products") in accordance with the terms of this agreement.
Supply and Purchase of Products. Subject to the terms and conditions set forth herein, Party B hereby agrees to produce, supply and deliver to Party A, and Party A hereby agrees to purchase from Party B, the products set forth on Appendix S1 (collectively, including any products added by addendum to Xxxxxxxx X0 in accordance with the terms hereof “Products”) that meet the applicable specifications of Party A in respect of each such Product as set forth in Xxxxxxxx X0 (including any specifications added by addendum to Xxxxxxxx X0 in accordance with the terms hereof, “Product Specifications”). Party A and Party B may add Products to Xxxxxxxx X0 by an addendum to Appendix S1 executed by Party A and Party B. Each addendum to Appendix S1 shall have an identification number. If Party A and Party B add any Products to Xxxxxxxx X0, Party A and Party B shall add Product Specifications for such Product to Xxxxxxxx X0 by executing and delivering an addendum to Xxxxxxxx X0 which sets forth such Product Specifications.
Supply and Purchase of Products. Subject to the terms and conditions of this Agreement, Manufacturer agrees to sell to Customer, and Customer agrees to purchase from Manufacturer, all requirements for Products listed in Schedule A for resale by Customer only (i) in the Market, (ii) in the Territory and (iii) for use in the Field.
Supply and Purchase of Products. 2.1 Pursuant to the terms of this Agreement, NNE hereby agrees to manufacture and supply to SKF the Products ordered by SKF, and SKF agrees to purchase from NNE the Products ordered hereunder.
2.2 Considering Products as defined in Exhibit Total Ball purchases from the NNE Group by SKF Production Units ("Base Volume") equal to [redacted*] in 2006. For the 2007 Contract Year, except in case of Force Majeure, SKF shall purchase at least 95% of the Base Volume from the NNE Group, calculated over NNE Reference Prices 2006. For the 2008 and 2009 Contract Years, except in the case of an Excused Reduction (as defined below), SKF shall purchase at least 90% of the Base Volume from NNE Group, calculated over NNE Reference Prices 2006. An "Excused Reduction" shall be deemed to occur when SKF Ball Consumption in any year falls below the 2006 level of SKF Ball Consumption for any of the following reasons: (i) Force Majeure (ii) unfavorable SKF market conditions, or (iii) loss in volumes purchased by SKF customers). If an Excused Reduction occurs in either the 2008 or 2009 Contract Year, SKF shall purchase at least (a) 90% of the Base Volume from NNE Group minus (b) the amount of the Excused Reduction. SKF Group Purchasing and NNE representatives will review the anticipated volume development a minimum of twice per calendar year. In the event where SKF will not be able to meet the purchased volume commitment due to reasons which are out of SKF or NNE control, some information will be confidentially shared with the NNE representatives in the semi-annual review meeting to explain the actual conditions leading to the need to reduce the purchased volume commitment The amount of an Excused Reduction, if applicable, will be agreed after the necessary information has been shared. *Information omitted and submitted separately to the Commission under Rule 24b-2.
2.3 NNE itself or with its approved subcontractors shall reserve and/or maintain sufficient capacity to meet all of SKF's requirements of Products in both peak and down time market conditions, and shall ensure the timely deliveries of the Products. The Production capacity reserved for SKF will be based on Capacity Booking Information provided to NNE, according to the practice defined in the Supply Channel Contract between NNE and SKF Production Unit.
2.4 NNE shall have the right to use subcontractors when manufacturing Products to be sold to SKF under this Agreement. The use of such subcontractors will not relieve NNE f...
Supply and Purchase of Products. The Supplier shall manufacture and supply Products to the Customer in bulk in a timely manner and in accordance with accepted purchase orders, and the Customer agrees to purchase all of its requirements for krill oil and other krill oil derived products solely from Supplier in the form of the Products in accordance with all of the terms of this Agreement. The Customer will not purchase any krill oil or krill oil derived products from any person or third party other than the Supplier (or an encapsulator that has purchased the Product from the Supplier on behalf of the Customer), subject at all times to the Customer’s second-source rights set forth in Section 3.7 and the terms of Section 10.2. The Supplier shall not be responsible for supplying Product in capsule or tablet form nor for any liability resulting from the manufacture of capsules or tablets by the Customer’s encapsulator.
Supply and Purchase of Products. 2.1 Pursuant to the terms of this Agreement, NNN hereby agrees to manufacture and supply to the SKF Group companies the Products, as specified in Schedule 3.1.3, as ordered by the SKF Group companies and SKF agrees to purchase or cause the purchase of Products so that the Volume Commitment is fulfilled.
Supply and Purchase of Products. Unless otherwise mutually agreed by the parties, ANI shall supply, and ALAVEN shall purchase in accordance with the provisions hereof, all quantities of Products ordered by ALAVEN hereunder prior to the date of expiration or termination; provided, however, that ANI shall not be required to supply volumes of Products which exceed the amounts for which ANI is responsible under the forecast and firm order procedures herein for the balance of the Calendar Quarter in which the termination occurs. In addition, ALAVEN shall remain liable for and shall duly pay all costs incurred prior to the effective date of expiration or termination which are properly chargeable to ALAVEN pursuant to the terms of this Agreement. ALAVEN shall have the right to use and sell any such Products in the ordinary course including Products which may contain reference to ANI.
Supply and Purchase of Products. From and after the Effective Date and until the fourth anniversary of the Effective Date (the "Term") and subject to the terms and conditions of this Agreement, Vita Health will sell the Products to the Buyers on a non-exclusive basis as follows:
(a) Vita Health will sell to Novopharm the Products identified with the prefix "20", "42", "61", "82" and "83" on Schedule A;
(b) Vita Health will sell to Xxxxxxx the Products identified with the prefix "39" on Schedule A; and
(c) Vita Health will sell to Human the Products identified with the prefix "84" on Schedule A. Nothing in this Section 2.1 will require the Buyers to purchase any or all of their requirements for the Products from Vita Health nor will Vita Health be restricted from selling the Products to any Third Party.
Supply and Purchase of Products. Unless otherwise mutually agreed by the parties, ANI shall supply, and JDS shall purchase in accordance with the provisions hereof, all quantities of Products ordered by JDS hereunder prior to the date of expiration or termination; provided, however, that ANI shall not be required to supply volumes of Products which exceed the amounts for which ANI is responsible under the forecast and firm order procedures herein for the balance of the Calendar Quarter in which the termination occurs. In addition, JDS shall remain liable for and shall duly pay all costs incurred prior to the effective date of expiration or termination which are properly chargeable to JDS pursuant to the terms of this Agreement. JDS shall have the right to use and sell any such Products in the ordinary course including Products which may contain reference to ANI
Supply and Purchase of Products. 1. IGI shall manufacture the Products exclusively for Pharmachem, and shall supply the Products exclusively to Pharmachem.
2. Pharmachem shall issue purchase orders for the Products to IGI, which shall: (a) set forth the quantities to be supplied, price, delivery and acceptance terms, shipping terms, and payment terms, and (b) be deemed to incorporate the terms and conditions of this Agreement. Any term or condition of a purchase order issued by Pharmachem which is inconsistent with the provisions of this Agreement shall be deemed superseded by this Agreement, unless accepted and initialed by IGI in a manner indicating IGI's unequivocal acceptance of such term or condition. Pharmachem's purchase orders for the Products shall be filled by IGI within 45 days of IGI's receipt of such orders.
3. [***]
4. Pharmachem shall purchase a minimum amount of $1,500,000.00 Products and Services from IGI each year during the term of this Agreement. Pharmachem's purchases of Products shall include bulk ingredients, finished products, and finished and packaged unit products. Pharmachem's purchase of research and development Services from IGI shall be applied toward this minimum annual amount (see Article V, paragraph 3 hereof). [***] <PAGE>
