Excess Orders Sample Clauses
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Excess Orders. In the event that the actual amount of Licensed Adjuvants ordered by Purchaser in any Order exceed those set forth in the Binding Forecast (an “Excess Order”), Supplier shall use Commercially Reasonable Efforts to accept and supply such excess amount, Supplier shall notify Purchaser in writing within twelve (12) Business Days of receipt of an Excess Order as to whether it is able to deliver all of the Excess Order. If Supplier cannot deliver the entire quantify ordered in the Excess Order, such notice shall indicate the portion of the Excess Order that Supplier cannot supply by the requested delivery date and shall specify alternate delivery dates for such portion.
Excess Orders. Teva may deliver to Alexza a Purchase Order for Product volumes in excess of those specified in any prior Supply Forecast and/or in excess of the percentage variances permitted in Section 6.12(d). Alexza shall provide notification to Teva as soon as practicable but in any event within [ * ] Business Days after the delivery of such Supply Forecast, of any excess that Alexza determines it will deliver to Teva. Alexza shall use Commercially Reasonable Efforts to manufacture any quantity of the Product ordered by Teva in excess of [ * ] of the committed quantity determined in accordance with Section 6.12(c), but in any event Alexza’s failure to manufacture any such excess quantity shall not be a breach of this Agreement. Teva shall bear any reasonable increase in the manufacturing costs of the Product supplied in excess of the quantities accepted by Alexza under Section 6.12(c); provided that such increase shall be approved by Teva prior to Alexza’s undertaking the manufacture of such excess quantity and incurring such increase. [ * ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Excess Orders. If AMICUS revises a Firm Order to equal a quantity of API or Product greater than that forecasted by more than [***] (“Excess Order”), WUXI BIOLOGICS shall [***].
Excess Orders. ▇▇▇▇▇▇ may deliver to Alexza a Purchase Order for Product volumes in excess of those specified in any prior Supply Forecast and/or in excess of the percentage variances permitted in Section 5.13. Alexza shall provide notification to ▇▇▇▇▇▇ as soon as practicable but in any event within [ * ] after the delivery of such Supply Forecast, of any excess that Alexza determines it will deliver to Ferrer, Alexza shall use Commercially Reasonable Efforts to manufacture any quantity of the Product ordered by ▇▇▇▇▇▇ in excess of [ * ] percent ([ * ]%) of the committed quantity determined in accordance with Section 5.10(c), but in any event (i) Alexza’s failure to manufacture any such excess quantity shall not be a breach of this Agreement, and (ii) the Parties shall discuss in good faith the allocation of additional costs to be incurred by Alexza in manufacturing such excess quantity.
Excess Orders. BLS may deliver to Alexza a Purchase Order for Product volumes in excess of those specified in any prior Supply Forecast and/or in excess of the percentage variances permitted in Section 2.4(d). Alexza shall provide notification to BLS as soon as practicable but in any event within [ * ] after the delivery of such Supply Forecast, of any excess that Alexza determines it will deliver to BLS, Alexza shall use Commercially Reasonable Efforts to Manufacture any quantity of the Product ordered by BLS in excess of [ * ] percent ([ * ]%) of the committed quantity determined in accordance with Section 2.4(c), but in any event Alexza’s failure to Manufacture any such excess quantity shall not be a breach of this Agreement. BLS shall bear any reasonable increase in the Manufacturing costs of the Product supplied in excess of the quantities accepted by Alexza under Section 2.4(c); provided that such increase shall be approved by BLS prior to Alexza’s undertaking the Manufacture of such excess quantity and incurring such increase.