Excess Orders definition
Examples of Excess Orders in a sentence
Illumina has no obligation to accept Purchase Orders that contain TG Consumables or quantities of TG Consumables that exceed what was forecasted by Customer (“Excess Orders”); provided that, Illumina […***…] reject such Excess Orders that do not […***…]% of the quantity forecasted unless Illumina agreeing to supply such excess quantity of TG Consumables (i) requires Illumina exercising anything […***…], or (ii) would impair Illumina’s ability to honor supply commitments to other customers.
For purpose of this Agreement, delivery within [***] business days before or [***] business days after the Scheduled Delivery Date shall be deemed meeting such delivery date; provided that it is understood LTS is only obligated to employ Reasonable Commercial Efforts to meet the requested delivery dates for Excess Orders.
LTS shall provide NeurogesX a Scheduled Delivery Date for Excess Orders within [***] days after receiving an Excess Order.
In the event LTS is unable to accept or fill any Excess Orders despite using [***], LTS shall notify NeurogesX as soon as practicable, and such inability shall not be deemed a material breach of this Agreement entitling NeurogesX to terminate this Agreement nor a Failure Event under Section 6.4 below.
For clarity, Allos shall not have any obligation to incur any fees or other penalties to fill the excess portion of such Excess Orders or to supply to MMCO any quantities of Bulk Product that Allos had forecasted, ordered or obtained for its own account or the account of another licensee in the Allos Territory.
The arbitrator(s) shall issue a final decision within thirty (30) days of the conclusion of the arbitration proceedings, which decision shall be in writing and be binding, final and conclusive upon the parties.
If Allos would incur fees to fill the excess portion of such Excess Orders, it shall bring this to MMCO’s attention and if MMCO agrees to reimburse Allos for such fees, then Allos shall fill such excess portion unless it would otherwise not be commercially reasonable to do so.
Eisai may order in a Purchase Order amounts of Finished Product that are Excess Orders with respect to a particular quarter (i.e., that order amounts in excess of 125% the Order Commitment for such quarter), and Arena shall use reasonable efforts to fill such Excess Orders.
For each Purchase Order submitted by Eisai in accordance with Section 6.2(b) (except to the extent of Excess Orders that Arena does not fulfill), Arena shall use Commercially Reasonable Efforts to deliver to Eisai the specified amount(s) of Finished Product conforming with the warranty set forth in Section 6.13.
Sandoz shall inform Unigene whether it will fill Excess Orders within thirty (30) days of receiving the applicable Firm Order so as to permit Unigene to manage its inventory of API and respond to market demand.