Common use of Validation Batches and Initial Order Clause in Contracts

Validation Batches and Initial Order. Noven and Endo hereby acknowledge and agree that, in order to address the initial requirements for the commercial launch of the Product, the lead times associated with manufacturing Product and the general preparation for such commercial launch, Noven and Endo will consult with each other in good faith regarding the anticipated commercial launch date. In connection with such discussions Endo will provide a binding initial purchase order to Noven approximately ***; the delivery date for such purchase orders shall be between one and thirty days prior to the anticipated commercial launch date of the Product. The initial purchase orders shall be for quantities of the Product sufficient for launch and for the first month of sales of the Product; such amount of product shall be no less than ***and no greater than *** of Endo's most recent forecasted requirements for the first month of sales of the Product; provided, however, that upon request by Endo, Noven shall attempt in good faith to supply a quantity of the Product in excess of *** of the amount.

Appears in 2 contracts

Samples: Supply Agreement (Endo Pharmaceuticals Holdings Inc), Supply Agreement (Noven Pharmaceuticals Inc)

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Validation Batches and Initial Order. Noven and Endo hereby acknowledge and agree that, in order to address the initial requirements for the commercial launch of the Product, the lead times associated with manufacturing Product and the general preparation for such commercial launch, Noven and Endo will consult with each other in good faith regarding the anticipated commercial launch date. In connection with such discussions Endo will provide a binding initial purchase order to Noven approximately **** ; the delivery date for such purchase orders shall be between one and thirty days prior to the anticipated commercial launch date of the Product. The initial purchase orders shall be for quantities of the Product sufficient for launch and for the first month of sales of the Product; such amount of product shall be no less than **** and no greater than *** of Endo's most recent forecasted requirements for the first month of sales of the Product; provided, however, that upon request by Endo, Noven shall attempt in good faith to supply a quantity of the Product in excess of *** of the amount.

Appears in 2 contracts

Samples: Supply Agreement (Endo Pharmaceuticals Holdings Inc), Supply Agreement (Noven Pharmaceuticals Inc)

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