Common use of Delivery to Third Party Clause in Contracts

Delivery to Third Party. In the event that Adams uses a Third Party to distribute the Drug Products, then title xx xxe Drug Products, and all risk of loss or damage in respect thereto, shall pass to Adams upon delivery of the Drug Products FCA (as such term is defined xxx used in the Incoterms 2000 Rules) at Cardinal's Facility. Upon the reasonable request of Adams, Cardinal shall arrange for shipment of Drug Products on a freixxx xollect basis at the sole cost and expense of Adams. Adams will specify its required mode of transportation and thx xxxighx xxxwarder in each Purchase Order. All shipments of the Drug Products shall be accompanied by an invoice, dated as of the date on which delivery of the Drug Products is made to the carrier, listing the number of such Purchase Order, the item number, the quantity and the unit price for the Drug Products, the total invoice amount and such other information as may be required in the relevant Purchase Order or in additional written directions provided by Adams that are not in conflict with the terms of this Agreement. Any xxxxxent of Drug Products shall be in accordance with the Specifications. If Cardinal fails to deliver the Drug Products in the quantities ordered in any Purchase Order within * days of the date specified in such Purchase Order, then Adams shall be entitled, as liquidated damages, and not a penalty, to x xxscount of * percent (*%) off ------------- * Omitted information is the subject of a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933 and has been filed separately with the Securities and Exchange Commission. the price of the late-delivered Drug Products for each week that delivery is delayed, up to a maximum discount of * percent (*%).

Delivery to Third Party. In the event that Adams uses a Third Party to distribute the Drug Products, then title xx xxe Drug Products, and all risk of loss or damage in respect thereto, shall pass to Adams upon delivery of the Drug Products FCA (as such term is defined xxx used in the Incoterms 2000 Rules) at Cardinal's Facility. Upon the reasonable request of Adams, Cardinal shall arrange for shipment of Drug Products on a freixxx xollect basis at the sole cost and expense of Adams. Adams will specify its required mode of transportation and thx xxxighx xxxwarder in each Purchase Order. All shipments of the Drug Products shall be accompanied by an invoice, dated as of the date on which delivery of the Drug Products is made to the carrier, listing the number of such Purchase Order, the item number, the quantity and the unit price for the Drug Products, the total invoice amount and such other information as may be required in the relevant Purchase Order or in additional written directions provided by Adams that are not in conflict with the terms of this Agreement. Any xxxxxent of Drug Products shall be in accordance with the Specifications. If Cardinal fails to deliver the Drug Products in the quantities ordered in any Purchase Order within * days of the date specified in such Purchase Order, then Adams shall be entitled, as liquidated damages, and not a penalty, to x xxscount of * percent (*%) off ------------- -------------- * Omitted information is the subject of a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933 and has been filed separately with the Securities and Exchange Commission. the price of the late-delivered Drug Products for each week that delivery is delayed, up to a maximum discount of * percent (*%).

Delivery to Third Party. In the event that Adams Xxxxx uses a Third Party to distribute the Drug Products, then title xx xxe to the Drug Products, and all risk of loss or damage in respect thereto, shall pass to Adams Xxxxx upon delivery of the Drug Products FCA (as such term is defined xxx and used in the Incoterms 2000 Rules) at Cardinal's Facility. Upon the reasonable request of AdamsXxxxx, Cardinal shall arrange for shipment of Drug Products on a freixxx xollect freight collect basis at the sole cost and expense of AdamsXxxxx. Adams Xxxxx will specify its required mode of transportation and thx xxxighx xxxwarder the freight forwarder in each Purchase Order. All shipments of the Drug Products shall be accompanied by an invoice, dated as of the date on which delivery of the Drug Products is made to the carrier, listing the number of such Purchase Order, the item number, the quantity and the unit price for the Drug Products, the total invoice amount and such other information as may be required in the relevant Purchase Order or in additional written directions provided by Adams Xxxxx that are not in conflict with the terms of this Agreement. Any xxxxxent shipment of Drug Products shall be in accordance with the Specifications. If Cardinal fails to deliver the Drug Products in the quantities ordered in any Purchase Order within * days of the date specified in such Purchase Order, then Adams Xxxxx shall be entitled, as liquidated damages, and not a penalty, to x xxscount a discount of * percent (*%) off ------------- -------------- * Omitted information is the subject of a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933 and has been filed separately with the Securities and Exchange Commission. the price of the late-delivered Drug Products for each week that delivery is delayed, up to a maximum discount of * percent (*%).