Common use of Excess Quantities Clause in Contracts

Excess Quantities. Hospira shall accept all Purchase Orders specifying quantities of Product up to [*] percent ([*]%) in excess of the quantities listed in the corresponding Firm Order Period. Hospira shall not be obligated to supply quantities of Product over and above such [*] percent ([*]%) excess amount (“Non-Binding Excess”) but shall use Commercially Reasonable Efforts to manufacture and deliver to Cempra all or part of the Non-Binding Excess within [*] days of issuance of the relevant Purchase Order. In no event, however, shall Hospira be required to supply any Product in excess of its applicable annual Product Supply Commitment except to the extent any relevant Purchase Orders therefor are confirmed by Hospira.

Excess Quantities. Hospira shall accept all Purchase Orders specifying quantities of Product up to [***] percent ([*]%) in excess of the quantities listed in the corresponding Firm Order Period. Hospira shall not be obligated to supply quantities of Product over and above such [***] percent ([*]%) excess amount (“"Non-Binding Excess”") but shall use Commercially Reasonable Efforts commercially reasonable efforts to manufacture and deliver to Cempra Company all or part of the Non-Binding Excess within [***] days of issuance of the relevant Purchase Order. In no event, however, shall Hospira be required to supply any Product in excess of its applicable annual Product Supply Commitment except to the extent any relevant Purchase Orders therefor are confirmed by HospiraCommitment.