Firm Order. During the Term, the Supplier shall sell and the Customer shall purchase quantities of the Products that the Customer orders from time to time under Section 4.0 hereof. Supplier grants the right to Customer to incorporate the Products into Customer’s systems and to market, distribute, sell and lease (directly or through Customer’s agents and distributors) such Customer systems to its direct and indirect customers. This Agreement constitutes [ * ] purchase obligation of Customer for the Products in the amounts and at the delivery times as set forth on Exhibit B attached hereto [ * ] (the “Firm Order Amount”).
Firm Order. VIVUS shall place with TANABE a firm order at least one-hundred and twenty (120) days before the desired shipping date. Such firm order shall fall within the range from ninety percent (90%) to one hundred and twenty percent (120%) of such order forecast. TANABE shall accept all such orders.
Firm Order. A one-time order for a specific title(s) and number of copies, in contrast to a subscription or standing order.
Firm Order. All estimates shall be valid for thirty (30) days from issuance, and Winstar shall accept or reject within such time period, unless an extension is requested in writing by Winstar and agreed to by BellSouth. Such extension will not exceed thirty (30) days. To accept an estimate, Winstar shall so state in writing by submitting a Firm Order to BellSouth and shall pay BellSouth 50% of the total estimated charges (“Initial Payment”) with the balance of the actual charges due upon completion of the Microwave Collocation area and any necessary supporting electrical or building modification work. Payment requirements will be commensurate with BellSouth’s FCC #1tariff, Section 20, and Exhibit B. BellSouth will permit one accompanied site visit to Winstar’s designated Microwave collocation arrangement location after receipt of the Firm Order without charge to Winstar.
Firm Order. Subject to deferral or cancellation as provided below, the first three (3) months of each Rolling Forecast of Customer’s requirements of specific API from Agilent shall constitute a commitment on the part of Agilent to supply and Customer to order the quantity of specific API set forth in such Roiling Forecast (for each specific API this portion of the Rolling Forecast a “Firm Order.” The remaining twenty one (21) month portion of each Rolling Forecast shall be non- binding; however, Customer shall not reduce the non-binding forecasted amounts of the first three non-binding months more than thirty percent (30%) as they become a portion of the Firm Order without reasonable justification provided to Agilent. Thus, the forecast for each of months four, five and six in the Rolling Forecast cannot be reduced by more than thirty percent (30%) of the value stated in each such month as it became the sixth month of the Rolling Forecast without reasonable justification provided to Agilent. An impermissible reduction shall be considered a partial cancellation and subject to the provisions of Section 7(d).
Firm Order. Each Pre-Commercialization Firm Order and Post-Commercialization Firm Order shall be known as a "Firm Order". For the avoidance of doubt, the term "binding" as used in Sections 3.1(b) and (c) refers to the requirement for Labeled Drug to be produced on the Scheduled Batch Completion Dates, but not to Batch size. By way of example, Exhibit 3.1 provides a schematic outlining the procedure provided for in Section 3.1 (b) and (c) above. ---------------------------------- * Confidential treatment requested.
Firm Order. All estimates shall be valid for the time period as specified in Section 6 of the Collocation Attachment, and WinStar shall accept or reject within such time period, unless an extension is requested in writing by WinStar and agreed to by BellSouth. Such extension will not exceed thirty (30) days. To accept an estimate, WinStar shall so state in writing by submitting a Firm Order to BellSouth and shall pay BellSouth any applicable fees due at that time, with recurring charges due upon completion of the Microwave Collocation area and any necessary supporting electrical or building modification work. Payment requirements will be commensurate with BellSouth’s FCC #1tariff, Section 20, or Exhibit A of the Physical Collocation Exhibit. BellSouth will permit one accompanied site visit to WinStar’s designated Microwave collocation arrangement location after receipt of the Firm Order without charge to WinStar.
Firm Order. Subject to the following provisions of Article 5 and Article 6, the first (*) months of each Rolling Forecast shall constitute a non-cancelable commitment on the part of Avecia to supply and on the part of Genta to order, the quantity of API as set forth in such Rolling Forecast (each such rolling (*) commitment, a "Firm Order"). The remainder of any Rolling Forecast shall be non-binding; provided, however, that Genta shall be required to place Firm Orders with Avecia for at least (*) ((*)%) of its forecasted requirements for API for the (*) through (*)calendar months of each Rolling Forecast. Thus, the forecast first given for the month appearing as the (*) month in each Rolling Forecast shall, when that month becomes the (*) month in the Rolling Forecast (and thereby a Firm Order), be for not less than (*)% of the quantity of API stipulated as the forecast when that month first appeared as the (*) calendar month in the Rolling Forecast. If either Party, based on the information known to it, believes that any Rolling Forecast specifies quantities of API that would require Avecia exceed the rated manufacturing capacity of the Manufacturing Facilities designated in Sections 3.2 and 3.3, such Party shall promptly notify the other Party of such capacity constraint. In such case, the Parties shall meet and discuss the situation as further set forth in Section 3.3.3.
Firm Order. Firm Order shall have the meaning set forth in Section 2.1.
Firm Order. The first quarter of the rolling forecast placed by Chelsea pursuant to Section 3.1.2 above shall be deemed as a firm order. Chelsea shall designate a delivery date within the applicable calendar quarter at the time the forecast becomes a firm order. The quantity of the Compound in the firm order shall not be less than [*] percent ([*]%) nor more than [*] percent ([*]%) of the quantity specified in the latest forecast for the same quarter. In case the quantity in the firm order exceeds [*] percent ([*]%) of that in the latest forecast, DSP’s failure to supply the quantities exceeding [*] percent ([*]%) of that in the latest forecast shall not constitute a breach of this Agreement.
