Common use of Expedited Orders Clause in Contracts

Expedited Orders. In the event that Anteris requests an order on an expedited basis (“Expedited Order”), Switchback will use its best efforts to fill the Expedited Order. If the Expedited Order is likely to result in disruption to Switchback’s other business in order to meet the Product Delivery Date for the Expedited Order, Switchback may in good faith provide an adjusted price quote (“Expedited Price Quote”) for those Products on the Expedited Order based proportionally on the disruption caused by the Expedited Order. Anteris has the right to accept or reject the Expedited Price Quote, and A▇▇▇▇▇▇ also has the right to request information about the basis for the Expedited Price Quote in an effort to mitigate any such disruption. For such Expedited Orders, with consent by Anteris, Switchback may either (i) request Anteris to deliver the Anteris Components by express delivery necessary to fulfill the Expedited Order or (ii) may use Anteris Components previously delivered to Switchback for another open Purchase Order and Anteris will replenish Switchback’s supply of Anteris Components to fulfill any other open Purchase Orders.

Expedited Orders. In the event that Anteris requests an order of Clinical Use Products or Commercial Use Products on an expedited basis (“Expedited Order”), Switchback will use its best efforts to fill the Expedited Order. If the Expedited Order is likely to result in disruption to Switchback’s other business in order to meet the Product Delivery Date for the Expedited Order, Switchback may in good faith provide an adjusted price quote (“Expedited Price Quote”) for those the Clinical Use Products or Commercial Use Products on the Expedited Order based proportionally on the disruption caused by the Expedited Order. Anteris has the right to accept or reject the Expedited Price Quote, and A▇▇▇▇▇▇▇ also has the right to request information about the basis for the Expedited Price Quote in an effort to mitigate any such disruption. For such Expedited Orders, with consent by Anteris, Switchback may either (i) request Anteris to deliver the Anteris Components by express delivery necessary to fulfill the Expedited Order or (ii) may use Anteris Components previously delivered to Switchback for another open Purchase Order and Anteris will replenish Switchback’s supply of Anteris Components to fulfill any other open Purchase Orders.