Common use of Supply Clause in Contracts

Supply. 4.1 Where the Seller accepts delivery nominations at Malaysia port, all such deliveries shall be within the port limits of Malaysia, unless delivery outside of such port limits is agreed in writing by the Seller. 4.2 Where the Seller accepts delivery nominations at other parts, all such deliveries shall also be within the port limits of such other parts, unless delivery outside of such port limits of such other ports is agreed in writing by the Seller. 4.3 All deliveries under a Contract shall be made ex-light/barge in accordance with the instructions given by the Buyers or the Master of the Vessel, subject to the Seller’s agreement to such instructions, which agreement shall be reached before commencement of the time for delivery by the Seller under the Contract. The Seller is entitled to suspend delivery to the Marine Fuel under the Contract until such agreement is reached, and if no such agreement is reached within fourteen (14) days from the time of the delivery under the Contract, the Seller shall be entitled to terminate the contract but without prejudice to the seller’s right to claim damages from the Buyer. 4.4 The buyer shall alone bear the responsibility and risk for the choice of bunker oil and the Seller shall not be obliged to check whether said choice is suitable for the vessel in questions. If the oil lives up to its specifications and is generally of the same quality as the oil marketed in the geographical area concerned, the Seller shall have performed correctly in this respect. Any information provided by the seller as to the characteristics of Marine Fuel shall not be construed as specifications of Marine Fuel to be delivered under a Contract to the Buyer and shall be regarded as ex-gratia only. 4.5 The Buyer shall give the Seller, unless otherwise agreed in or requested by the Seller, at least five (5) days advance notice of requirements (excluding Saturdays, Sundays and Public Holidays and during normal workdays between 09:00 to 17:00 hours by email, telex or telefax, unless waived by the Seller) prior to the time of requested delivery. Such notice shall identify the Buyer and Contract and shall specify all delivery details, including but not limited to, the port, name of vessel, the agent of Vessel its estimated time of arrival, approximate date of delivery, location of vessel, method of delivery and confirmation of the grade and quantity of Marine Fuel ordered. The Buyer or the agent of the Vessel shall give the Seller at least Forty-Eight (48) hours confirmation notice (excluding Saturdays, Sundays and Public Holidays and during normal workdays between 09:00 to 17:00 hours by email, telex or telefax, unless waived by the Seller of the exact quantity of Marine Fuel required and the exact location and exact time at which delivery is required. If the Buyer makes any changes after the confirmations notice, bunker delivery will be subject to point 4.7 Notwithstanding the foregoing, the Buyer shall be liable for any costs or expenses incurred by the Seller resulting from the failure by the Buyer to take delivery of or rejecting in part in full the quantity of Marine Fuel ordered under the Contract.

Supply. 4.1 Where ORGENTEC shall supply Proprius with ORG 548 Anti-MCV 96-well titer plates and associated reagents (“Plates”). During the Seller accepts delivery nominations at Malaysia portTerm, all ORGENTEC agrees to sell and supply to Proprius such deliveries shall quantities of Kits as may be within the port limits of Malaysia, unless delivery outside of such port limits is agreed in writing set forth on purchase orders placed by the Seller. 4.2 Where the Seller accepts delivery nominations at other parts, all such deliveries shall also be within the port limits of such other parts, unless delivery outside of such port limits of such other ports is agreed in writing by the Seller. 4.3 All deliveries under a Contract shall be made ex-light/barge Proprius in accordance with this Section 2.7. Proprius shall order Kits by submitting written purchase orders to ORGENTEC specifying the instructions given quantity of Kits ordered, the desired shipment date for such Plates and any relevant shipping instructions. Proprius shall submit each purchase order to ORGENTEC at least 30 days in advance of the desired shipment date specified in such purchase order. ORGENTEC shall make each shipment of Kits in the quantity and on the shipment date specified for it on Proprius’ purchase order, via the mode(s) of transportation and to the destination specified on such purchase order. Any shipment shall be delivered [EXW ](Incoterms 2000). Any purchase orders for Kits submitted by Proprius to ORGENTEC shall reference this Agreement and shall be governed exclusively by the Buyers terms contained herein. The parties hereby agree that the terms and conditions of this Agreement shall supersede any term or condition in any order, confirmation or other document furnished by Proprius or ORGENTEC that is in any way inconsistent with these terms and conditions, ORGENTEC agrees to use its commercially reasonable efforts to ensure that Kits ordered by Proprius hereunder shall be delivered on the Master scheduled delivery dates set forth in the relevant purchase orders. Promptly upon receipt of a shipment, Proprius shall inspect such shipment. Proprius shall notify ORGENTEC in writing and may reject any portion of any shipment of Plates if such portion of any shipment does not conform to the applicable specifications established by ORGENTEC for the Plates, as in effect from time to time. If Proprius does not notify ORGENTEC of any such deficiency of the Vesselshipment within 7 days upon receipt, subject to the Seller’s agreement to such instructions, which agreement shipment shall be reached before commencement of the time deemed approved, except for delivery by the Seller under the Contract. The Seller is entitled to suspend delivery to the Marine Fuel under the Contract until such agreement is reached, and if no such agreement is reached within fourteen (14) days from deficiencies that were not apparent at the time of the delivery under inspection. The initial approval is however based on a visual inspection of the Contract, plates/kits and a standard QC check to assure performance specifications of a limited sample of the Seller shall be entitled to terminate the contract but without prejudice purchased goods are met. Any change in or loss of performance compared to the seller’s right product specifications over time on the rest of the purchased plates/kits would fall under ORGENTEC’S product warranty. In case of a presumed lack of performance, Proprius would, if available and to claim damages from the Buyer. 4.4 The buyer shall alone bear extent permitted by applicable laws and commercially reasonable provide ORGENTEC with patient samples, which seem to have resulted in questionable or wrong results, so that ORGENTEC can use them for their internal QC of the responsibility and risk for product which did not fulfill the choice of bunker oil and the Seller shall not be obliged to check whether said choice is suitable for the vessel in questionsProprius QC or performance specifications. If the oil lives up total available supply of Kits is insufficient to its specifications meet the requirements of Proprius and ORGENTEC’s other customers, ORGENTEC shall be under no obligation to meet the order by Proprius but agrees that, in allocating the available supply of Kits while such shortage is generally of in effect, ORGENTEC will give Proprius the same quality as the oil marketed in the geographical area concerned, the Seller shall have performed correctly in this respect. Any information provided by the seller as “high” priority that ORGENTEC extends to the characteristics any of Marine Fuel shall not be construed as specifications of Marine Fuel to be delivered under a Contract to the Buyer and shall be regarded as ex-gratia onlyits other comparable customers for Kits. 4.5 The Buyer shall give the Seller, unless otherwise agreed in or requested by the Seller, at least five (5) days advance notice of requirements (excluding Saturdays, Sundays and Public Holidays and during normal workdays between 09:00 to 17:00 hours by email, telex or telefax, unless waived by the Seller) prior to the time of requested delivery. Such notice shall identify the Buyer and Contract and shall specify all delivery details, including but not limited to, the port, name of vessel, the agent of Vessel its estimated time of arrival, approximate date of delivery, location of vessel, method of delivery and confirmation of the grade and quantity of Marine Fuel ordered. The Buyer or the agent of the Vessel shall give the Seller at least Forty-Eight (48) hours confirmation notice (excluding Saturdays, Sundays and Public Holidays and during normal workdays between 09:00 to 17:00 hours by email, telex or telefax, unless waived by the Seller of the exact quantity of Marine Fuel required and the exact location and exact time at which delivery is required. If the Buyer makes any changes after the confirmations notice, bunker delivery will be subject to point 4.7 Notwithstanding the foregoing, the Buyer shall be liable for any costs or expenses incurred by the Seller resulting from the failure by the Buyer to take delivery of or rejecting in part in full the quantity of Marine Fuel ordered under the Contract.

Supply. 4.1 Where 2.1 Requests for design will be placed as described in Exhibit B, and orders for Oligonucleotide synthesis will be placed by Buyer according to process described in Exhibit B. All terms and conditions of this Agreement shall supersede any terms or conditions of said Purchase Order, which modify or are otherwise CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. inconsistent with the Seller accepts delivery nominations at Malaysia port, all such deliveries shall be within the port limits terms and conditions of Malaysiathis Agreement, unless delivery outside of such port limits is agreed in writing other terms and conditions are signed by the Seller. 4.2 Where the Seller accepts delivery nominations at other parts, all such deliveries shall also both Parties. All Products will be within the port limits of such other parts, unless delivery outside of such port limits of such other ports is agreed in writing supplied by the Seller. 4.3 All deliveries under a Contract shall be made ex-light/barge SIGMA in accordance with the instructions given Specifications in Exhibit A. 2.2 All Product supplied by SIGMA shall be supplied F.O.B. The Woodlands, Texas. 2.3 SIGMA shall ship Products in a commercially reasonable manner in accordance with Buyer’s reasonable instructions. 2.4 SIGMA shall accept and adhere to the requirements of the Vendor Quality Agreement set out in Exhibit D. 2.5 In the event that any portion of the shipment of Products received by Buyer fails to conform to the Specifications, Buyer may reject the non-conforming Products shipment by giving written notice to SIGMA within thirty (30) days of Buyer’s receipt of the Products, which notice shall specify the manner in which the Products fail to meet the Specifications. In the event a Product defect could not have been ascertained by Buyer upon reasonable inspection of the Product and analysis thereof, then the thirty (30) day time period referred to herein shall not apply provided that (i) Buyer notifies SIGMA promptly upon having reason to know of such Product defect (but in any event no later than three (3) months from date of delivery) and (ii) the limitation on remedy and liability set out in Section 2.7 shall apply with respect thereto. 2.6 In the event SIGMA does not agree that any such Product failed to meet the Specifications (per Section 2.1) and SIGMA and Buyer cannot reach agreement with respect to such Product, SIGMA will submit the question of whether the Product failed to meet the Specifications to an independent laboratory selected by SIGMA and approved by Buyer for determination. The findings of such laboratory shall be binding upon SIGMA and Buyer and the cost of such determination shall be paid by the Buyers or party in error. 2.7 Subject to Sections 2.4 and 2.5, SIGMA shall replace any Product not conforming to the Master Specifications forthwith at its expense within 15 business days of receiving Buyer’s written notice of non-conformity. Buyer shall return, at SIGMA’s expense, the nonaccepted Products to SIGMA. 2.8 Except as provided for under Section 4.5 regarding SIGMA’s indemnification obligations for third party claims, the remedies described in Section 2.5 and 2.6 shall be Buyer’s sole remedy and SIGMA’s only liability to Buyer hereunder with respect thereto. 2.9 SIGMA warrants that all federal environmental and safety requirements are being and will be followed at its facilities. Buyer shall have the right to inspect at reasonable times during normal business hours, and on reasonable prior notice, the operations and facilities of SIGMA wherein Products are manufactured to evaluate compliance with applicable environmental and occupational health and safety laws and regulations. CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. 2.10 SIGMA shall notify Buyer of significant incidents relating to production of the Vessel, subject to the Seller’s agreement to such instructions, which agreement shall be reached before commencement of the time for delivery by the Seller under the Contract. The Seller is entitled to suspend delivery to the Marine Fuel under the Contract until such agreement is reached, and if no such agreement is reached within fourteen (14) days from the time of the delivery under the Contract, the Seller shall be entitled to terminate the contract but without prejudice to the seller’s right to claim damages from the Buyer. 4.4 The buyer shall alone bear the responsibility and risk for the choice of bunker oil and the Seller shall not be obliged to check whether said choice is suitable for the vessel in questions. If the oil lives up to its specifications and is generally of the same quality as the oil marketed in the geographical area concerned, the Seller shall have performed correctly in this respect. Any information provided by the seller as to the characteristics of Marine Fuel shall not be construed as specifications of Marine Fuel to be delivered under a Contract to the Buyer and shall be regarded as ex-gratia only. 4.5 The Buyer shall give the Seller, unless otherwise agreed in or requested by the Seller, at least five (5) days advance notice of requirements (excluding Saturdays, Sundays and Public Holidays and during normal workdays between 09:00 to 17:00 hours by email, telex or telefax, unless waived by the Seller) prior to the time of requested delivery. Such notice shall identify the Buyer and Contract and shall specify all delivery detailsProduct, including but not limited toto the following (i) fatalities and/or significant injuries or occupations illnesses; (ii) incidents resulting in property damage of [****] or more; (iii) environmental releases reportable to regulatory agencies; (iv) regulatory agency inspections alleging non-compliance; and (v) request for information, the portnotices of violations or other communication from a governmental agency relating to environmental or occupational health and safety compliance. 2.11 At Buyer’s request, name SIGMA shall provide copies of vesselall relevant environmental licenses and permits pertaining to its operation and shall notify Buyer of any change in status. 2.12 At Buyer’s request, the agent SIGMA will provide Buyer with copies of Vessel its estimated time all applicable insurance certificates. 2.13 SIGMA agrees that it will conduct all necessary testing of arrival, approximate date of delivery, location of vessel, method of delivery Product as required by any and confirmation of the grade and quantity of Marine Fuel ordered. The Buyer or the agent of the Vessel shall give the Seller at least Forty-Eight (48) hours confirmation notice (excluding Saturdays, Sundays and Public Holidays and during normal workdays between 09:00 to 17:00 hours by email, telex or telefax, unless waived by the Seller of the exact quantity of Marine Fuel required and the exact location and exact time at which delivery is required. If the Buyer makes any changes after the confirmations notice, bunker delivery will be subject to point 4.7 Notwithstanding the foregoing, the Buyer shall be liable for any costs or expenses incurred by the Seller resulting from the failure by the Buyer to take delivery of or rejecting in part in full the quantity of Marine Fuel ordered under the Contractall applicable governmental regulations.

Supply. 4.1 Where the Seller accepts delivery nominations at Malaysia port, all such deliveries shall be within the port limits of Malaysia, unless delivery outside of such port limits is agreed in writing by the Seller. 4.2 Where the Seller accepts delivery nominations at other parts, all such deliveries shall also be within the port limits of such other parts, unless delivery outside of such port limits of such other ports is agreed in writing by the Seller. 4.3 All deliveries under a Contract shall be made ex-light/barge in accordance with the instructions given by the Buyers or the Master of the Vessel, subject to the Seller’s agreement to such instructions, which agreement shall be reached before commencement of the time for delivery by the Seller under the Contract. The Seller is entitled to suspend delivery to the Marine Fuel under the Contract until such agreement is reached, and if no such agreement is reached within fourteen (14) days from the time of the delivery under the Contract, the Seller shall be entitled to terminate the contract but without prejudice to the seller’s right to claim damages from the Buyer. 4.4 The buyer shall alone bear the responsibility and risk for the choice of bunker oil and the Seller shall not be obliged to check whether said choice is suitable for the vessel in questions. If the oil lives up to its specifications and is generally of the same quality as the oil marketed in the geographical area concerned, the Seller shall have performed correctly in this respect. Any information provided by the seller as to the characteristics of Marine Fuel shall not be construed as specifications of Marine Fuel to be delivered under a Contract to the Buyer and shall be regarded as ex-gratia only. 4.5 The Buyer shall give the Seller, unless otherwise agreed in or requested by the Seller, at least five (5) days advance notice of requirements (excluding Saturdays, Sundays and Public Holidays and during normal workdays between 09:00 to 17:00 hours by email, telex or telefax, unless waived by the Seller) prior to the time of requested delivery. Such notice shall identify the Buyer and Contract and shall specify all delivery details, including but not limited to, the port, name of vessel, the agent of Vessel its estimated time of arrival, approximate date of delivery, location of vessel, method of delivery and confirmation of the grade and quantity of Marine Fuel ordered. The Buyer or the agent of the Vessel shall give the Seller at least Forty-Eight (48) hours confirmation notice (excluding Saturdays, Sundays and Public Holidays and during normal workdays between 09:00 to 17:00 hours by email, telex or telefax, unless waived by the Seller of the exact quantity of Marine Fuel required and the exact location and exact time at which delivery is required. If the Buyer makes any changes after the confirmations notice, bunker delivery will be subject to point 4.7 Notwithstanding the foregoing, the Buyer shall be liable for any costs or expenses incurred by the Seller resulting from the failure by the Buyer to take delivery of or rejecting in part in full the quantity of Marine Fuel ordered under the Contract. 4.6 Delivery of Marine Fuel by the Seller to the Buyer shall be carried out, inter alia, subject to any regulations, requirements and procedures (including any amendments and revisions thereof) as may be prescribed from time to time by any government authority at the port at which the Seller accepts delivery nominations. The Buyer shall, in any event, be solely responsible for ascertaining, acquainting, itself and complying with inter alia, such regulations, requirements and procedures which are applicable at the Delivery Port and in complying with all relevant berth restrictions and requirements. 4.7 Vessels, including tankers, shall be supplied as promptly as circumstances permit, but Seller shall in no event be liable for any losses or demurrage, whatsoever and howsoever incurred by the Buyer due to or arising in connection with any delay or congestion at the shore terminal, or to any other commitment(s) of available barges in the delivery of the Marine Fuel under the Contract to the Buyer. This condition will also apply where bunker delivery does not take place during the major holidays and practices of that port or country. 4.8 The Buyer shall be responsible for all connections and disconnections of delivery hose to the Vessel. The Buyer shall render all other necessary assistance and provide sufficient tankage and equipment to receive promptly the delivery under the Contract. Where delivery is undertaken ex-wharf, the buyer shall promptly receive the delivery and withdraw the Vessel from shore terminal or wharf once delivery is completed. 4.9 The risk for the bunker oil shall be transferred successively, as it passes through the fixed receiving connector in the Buyer’s vessel. 4.10 In addition to the Buyer being responsible for payment of the purchase price and any cost pursuant to point 2.1, the Seller reserves the right to look to the owner of the vessel to the extent the ship owner is responsible pursuant to the legislation of his homeland, and the Seller furthermore reserves the right to safeguard himself by Maritime Lien or the like in the vessel to the extent that this is authorized in a jurisdiction where the vessel can be found. It is noted that the rule concerning venue and choice of law mentioned under clause 15.1 (Dispute Resolution Clause) shall be considered unwritten in relation to the rights conferred on the Seller according to the present point.

Supply. 4.1 Where 2.1 Requests for design will be placed as described in Exhibit B, and orders for Oligonucleotide synthesis will be placed by Buyer according to process described in Exhibit B. All terms and conditions of this Agreement shall supersede any terms or conditions of said Purchase Order, which modify or are otherwise inconsistent with the Seller accepts delivery nominations at Malaysia port, all such deliveries shall be within the port limits terms and conditions of Malaysiathis Agreement, unless delivery outside of such port limits is agreed in writing other terms and conditions are signed by the Seller. 4.2 Where the Seller accepts delivery nominations at other parts, all such deliveries shall also both Parties. All Products will be within the port limits of such other parts, unless delivery outside of such port limits of such other ports is agreed in writing supplied by the Seller. 4.3 All deliveries under a Contract shall be made ex-light/barge SIGMA in accordance with the instructions given Specifications in Exhibit A. 2.2 All Product supplied by SIGMA shall be supplied F.O.B. The Woodlands, Texas. 2.3 SIGMA shall ship Products in a commercially reasonable manner in accordance with Buyer’s reasonable instructions. 2.4 SIGMA shall accept and adhere to the requirements of the Vendor Quality Agreement set out in Exhibit D. 2.5 In the event that any portion of the shipment of Products received by Buyer fails to conform to the Specifications, Buyer may reject the non-conforming Products shipment by giving written notice to SIGMA within thirty (30) days of Buyer’s receipt of the Products, which notice shall specify the manner in which the Products fail to meet the Specifications. In the event a Product defect could not have been ascertained by Buyer upon reasonable inspection of the Product and analysis thereof, then the thirty (30) day time period referred to herein shall not apply provided that (i) Buyer notifies SIGMA promptly upon having reason to know of such Product defect (but in any event no later than three (3) months from date of delivery) and (ii) the limitation on remedy and liability set out in Section 2.7 shall apply with respect thereto. 2.6 In the event SIGMA does not agree that any such Product failed to meet the Specifications (per Section 2.1) and SIGMA and Buyer cannot reach agreement with respect to such Product, SIGMA will submit the question of whether the Product failed to meet the Specifications to an independent laboratory selected by SIGMA and approved by Buyer for determination. The findings of such laboratory shall be binding upon SIGMA and Buyer and the cost of such determination shall be paid by the Buyers or party in error. 2.7 Subject to Sections 2.4 and 2.5, SIGMA shall replace any Product not conforming to the Master Specifications forthwith at its expense within 15 business days of receiving Buyer’s written notice of non-conformity. Buyer shall return, at SIGMA’s expense, the nonaccepted Products to SIGMA. 2.8 Except as provided for under Section 4.5 regarding SIGMA’s indemnification obligations for third party claims, the remedies described in Section 2.5 and 2.6 shall be Buyer’s sole remedy and SIGMA’s only liability to Buyer hereunder with respect thereto. CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. 2.9 SIGMA warrants that all federal environmental and safety requirements are being and will be followed at its facilities. Buyer shall have the right to inspect at reasonable times during normal business hours, and on reasonable prior notice, the operations and facilities of SIGMA wherein Products are manufactured to evaluate compliance with applicable environmental and occupational health and safety laws and regulations. 2.10 SIGMA shall notify Buyer of significant incidents relating to production of the Vessel, subject to the Seller’s agreement to such instructions, which agreement shall be reached before commencement of the time for delivery by the Seller under the Contract. The Seller is entitled to suspend delivery to the Marine Fuel under the Contract until such agreement is reached, and if no such agreement is reached within fourteen (14) days from the time of the delivery under the Contract, the Seller shall be entitled to terminate the contract but without prejudice to the seller’s right to claim damages from the Buyer. 4.4 The buyer shall alone bear the responsibility and risk for the choice of bunker oil and the Seller shall not be obliged to check whether said choice is suitable for the vessel in questions. If the oil lives up to its specifications and is generally of the same quality as the oil marketed in the geographical area concerned, the Seller shall have performed correctly in this respect. Any information provided by the seller as to the characteristics of Marine Fuel shall not be construed as specifications of Marine Fuel to be delivered under a Contract to the Buyer and shall be regarded as ex-gratia only. 4.5 The Buyer shall give the Seller, unless otherwise agreed in or requested by the Seller, at least five (5) days advance notice of requirements (excluding Saturdays, Sundays and Public Holidays and during normal workdays between 09:00 to 17:00 hours by email, telex or telefax, unless waived by the Seller) prior to the time of requested delivery. Such notice shall identify the Buyer and Contract and shall specify all delivery detailsProduct, including but not limited toto the following (i) fatalities and/or significant injuries or occupations illnesses; (ii) incidents resulting in property damage of [****] or more; (iii) environmental releases reportable to regulatory agencies; (iv) regulatory agency inspections alleging non-compliance; and (v) request for information, the portnotices of violations or other communication from a governmental agency relating to environmental or occupational health and safety compliance. 2.11 At Buyer’s request, name SIGMA shall provide copies of vesselall relevant environmental licenses and permits pertaining to its operation and shall notify Buyer of any change in status. 2.12 At Buyer’s request, the agent SIGMA will provide Buyer with copies of Vessel its estimated time all applicable insurance certificates. 2.13 SIGMA agrees that it will conduct all necessary testing of arrival, approximate date of delivery, location of vessel, method of delivery Product as required by any and confirmation of the grade and quantity of Marine Fuel ordered. The Buyer or the agent of the Vessel shall give the Seller at least Forty-Eight (48) hours confirmation notice (excluding Saturdays, Sundays and Public Holidays and during normal workdays between 09:00 to 17:00 hours by email, telex or telefax, unless waived by the Seller of the exact quantity of Marine Fuel required and the exact location and exact time at which delivery is required. If the Buyer makes any changes after the confirmations notice, bunker delivery will be subject to point 4.7 Notwithstanding the foregoing, the Buyer shall be liable for any costs or expenses incurred by the Seller resulting from the failure by the Buyer to take delivery of or rejecting in part in full the quantity of Marine Fuel ordered under the Contractall applicable governmental regulations.

Supply. 4.1 Where 6.1 For so long as a Patent covering a state in the Seller accepts delivery nominations at Malaysia portTerritory remains valid and unexpired, all LLI agrees to make and sell to Licensee the Products listed in Exhibit C to this Agreement, and any Products of like kind offered by LLI which supercede such deliveries shall be within the port limits of Malaysia, unless delivery outside of such port limits is agreed in writing by the Seller. 4.2 Where the Seller accepts delivery nominations at other parts, all such deliveries shall also be within the port limits of such other parts, unless delivery outside of such port limits of such other ports is agreed in writing by the Seller. 4.3 All deliveries under a Contract listed Products. Such Products shall be made ex-light/barge available in amounts sufficient to meet one hundred percent (100%) of Licensee's requirements and at prices and terms that are the most favorable prices and terms for comparable products of similar nature sold by LLI. Licensee shall place orders for Products from time to time in accordance with its needs, and except as provided below, shall not purchase Products from other suppliers during the instructions given by the Buyers or the Master term of this Agreement, but shall have no continuing obligation to purchase Products. 6.2 If LLI is unable to produce and sell to Licensee Products at prices, quality and quantity reasonably acceptable to Licensee, Licensee shall give notice to LLI in writing of the Vesselbasis for its non-acceptance, subject and LLI shall have a period of thirty (30) days in which to take corrective action or to seek arbitration, if the Seller’s agreement dispute is over what constitutes a reasonable price for Products and quality and quantity are not at issue. If at the end of such thirty day period the condition(s) which caused Licensee to give such instructionsnotice have not been corrected and neither party has requested arbitration pursuant to Section 14 below, which agreement shall be reached before commencement then Licensee may elect to obtain Products from another supplier or suppliers, or manufacture Products on his own account, or pursue the same options with products competitive with Products offered by LLI not covered by a Patent of the time for delivery by the Seller under the Contract. The Seller is entitled to suspend delivery to the Marine Fuel under the Contract until such agreement is reached, and if no such agreement is reached within fourteen (14) days from the time of the delivery under the Contract, the Seller shall be entitled to terminate the contract but without prejudice to the seller’s right to claim damages from the Buyerrelevant jurisdiction. 4.4 The buyer shall alone bear 6.3 During the responsibility and risk for pendency of any arbitration proceeding concerning pricing of Products, LLI will continue to sell Products to Licensee at the choice of bunker oil and the Seller shall not be obliged to check whether said choice is suitable for the vessel price in questions. If the oil lives up to its specifications and is generally of the same quality as the oil marketed in the geographical area concerned, the Seller shall have performed correctly in this respect. Any information provided by the seller as to the characteristics of Marine Fuel shall not be construed as specifications of Marine Fuel to be delivered under a Contract to the Buyer and shall be regarded as ex-gratia only. 4.5 The Buyer shall give the Seller, unless otherwise agreed in or requested by the Seller, at least five (5) days advance notice of requirements (excluding Saturdays, Sundays and Public Holidays and during normal workdays between 09:00 to 17:00 hours by email, telex or telefax, unless waived by the Seller) effect prior to the time request for arbitration, or if there is no price then in effect, at a price which represents the average of requested delivery. Such notice shall identify what LLI and Licensee each consider to be a reasonable price. 6.4 Except as provided in Section 6.5, Licensee agrees to return to purchasing Products from LLI if LLI can provide reasonable proof that it is able once again to meet Licensee's current and reasonably foreseeable needs for Products at prices, quality and quantity reasonably acceptable to Licensee. 6.5 Once Licensee has made a substantial investment in preparation for manufacture of Products himself or through a sublicensee pursuant to paragraph 6.2, should LLI again become able to meet such demand in the Buyer and Contract and shall specify all delivery detailsfuture, including but not limited to, the port, name of vessel, the agent of Vessel its estimated time of arrival, approximate date of delivery, location of vessel, method of delivery and confirmation LLI may be reinstated as sole supplier of the grade Products under this Section 6 by purchasing at Licensee's original cost the manufacturing capability invested in by Licensee and quantity complying with the conditions of Marine Fuel ordered. The Buyer or the agent of the Vessel shall give the Seller at least Forty-Eight (48) hours confirmation notice (excluding Saturdays, Sundays and Public Holidays and during normal workdays between 09:00 to 17:00 hours by email, telex or telefax, unless waived by the Seller of the exact quantity of Marine Fuel required and the exact location and exact time at which delivery is required. If the Buyer makes any changes after the confirmations notice, bunker delivery will be subject to point 4.7 Notwithstanding the foregoing, the Buyer shall be liable for any costs or expenses incurred by the Seller resulting from the failure by the Buyer to take delivery of or rejecting in part in full the quantity of Marine Fuel ordered under the Contractparagraph 6.