Common use of Capacity Allocation Clause in Contracts

Capacity Allocation. 5.6.1 Notwithstanding anything herein to the contrary or anything to the contrary in any Purchase Order or Forecast, Seller shall not be obligated to supply Purchaser (regardless of amounts ordered by Purchaser), more than the then applicable Maximum Annual Product Units during a twelve month period. Without limiting the foregoing, any Purchase Order or Forecast submitted by Purchaser hereunder for more than the then applicable Maximum Annual Product Units shall, to the extent of the excess, be deemed rejected by Seller, unless expressly accepted by Seller in writing. As used herein, the term β€œ

Appears in 4 contracts

Samples: Distribution Agreement (Amphastar Pharmaceuticals, Inc.), Distribution Agreement (Amphastar Pharmaceuticals, Inc.), Distribution Agreement (Andrx Corp /De/)

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