Common use of Excess Purchase Orders Clause in Contracts

Excess Purchase Orders. Duramed shall use commercially reasonable efforts to, but shall not be obligated to supply quantities of any Shire Product in excess of 120% of the quantities set forth in the most recent forecast for such quarter. If Duramed believes it will be unable to deliver any additional volume on the date specified by Shire in the applicable Purchase Order, Duramed shall notify Shire in writing as promptly as practicable, and shall provide a proposed alternative delivery schedule. Any agreement on the delivery schedule for such additional volume shall be documented in writing and shall become effective only upon mutual written agreement of both Parties to the terms and conditions thereof.