Commercial Quantities. Each Quarter beginning with the first Quarter following the FDA Approval Quarter, FMLP shall supply MG-PFH to APC as follows:
Commercial Quantities. For orders of MG-PFH under Paragraph 2.3, the price during the first Contract Year shall be determined in accordance with the Price Schedule that was in effect for Product Launch quantities on the last day of the Pre-Launch Period. The Price Schedule is subject to increase after the first Contract Year as provided in Paragraph 3.4.
Commercial Quantities. Starting nine (9) months prior to Launch and thereafter by the 15th day of the first month of each quarter during the Term, Valera shall provide Plantex with a good faith, non-binding twelve (12) month rolling forecast of its API requirements by quarter. Valera may order quantities of the API by issuing Firm Purchase Orders to Plantex. Plantex shall accept or reject each Firm Purchase Order within ten (10) days after its receipt thereof and supply the quantities set forth on each Firm Purchase Order it accepts; provided that Plantex may not and shall not reject any Firm Purchase Order if (a) the quantity set forth thereon is at least eighty percent (80%) and no greater than one hundred and twenty percent (120%) of the most recent forecast supplied by Valera to Plantex prior to delivery of Firm Purchase Order for the given delivery periods, (b) the delivery date is at least ninety (90) days from the date of provision of the Firm Purchase Order to Plantex and (c) the Firm Purchase Order otherwise complies with the terms and conditions of this Agreement; provided further, however, that if Plantex chooses to accept a Firm Purchase Order for quantities in excess of one hundred and twenty percent (120%) of the most recent forecast supplied by Valera for the given delivery period, Plantex shall only be required to use reasonable efforts to fill the quantities exceeding one hundred and twenty percent (120%) of such forecast.
Commercial Quantities. Commercial Quantities" shall mean amounts deemed by LESSEE in its sole judgment to be sufficient to pay for all costs of the Project, including operation and maintenance expenses associated therewith, plus a reasonable profit.
Commercial Quantities. 3.3.1 On a quarterly basis starting nine (9) months prior to the anticipated Launch and thereafter by the fifteenth (15 th) day of the first month of each calendar quarter, TransOral shall provide Plantex with a good faith, twelve (12) month rolling forecast of the quantities of Product it desires to purchase from Plantex during the quarter following the quarter in which the forecast is provided (“Q1”) and the next three (3) quarters (“Q2”, “Q3”, and “Q4”, respectively) (the “Current Forecast”). The quantity of Product forecasted for Q1 will constitute a Firm Order, within the ranges specified in Section 3.3.3 below (“Firm Order”) for the Product indicated for those months and TransOral shall be obligated to purchase this quantity in one or more Purchase Orders submitted to Plantex during Q1.
Commercial Quantities. The amount of production of Products which an ordinarily prudent person experienced in oil and gas exploration and production would, taking into consideration all pertinent surrounding facts and circumstances, deem sufficient to yield a return in excess of Lease Operating Costs, even if Drilling and Completion Costs may never be repaid.
