Common use of Fiber Clause in Contracts

Fiber. (a) In manufacturing Cartridges, Medica shall use fiber supplied by Membrana Gmbhfiber supplier(s) (the “Fiber Supplier)”), a German company (“Membrana”), or other fiber suppliers as specified by Nephros. (b) It is a condition of Medica’s ability to timely deliver the Cartridges ordered in any purchase order that Nephros International causes the Fiber Supplier, to deliver to Medica, at Nephros’ cost and no later than 45 days prior to the delivery date specified in the purchase order, a sufficient quantity of fiber conforming to the Specifications to permit Medica to manufacture those Cartridges. (c) Medica shall store any fiber supplied by the Fiber Supplier in accordance with guidelines supplied to Medica by Nephros or the Fiber Supplier. (d) If with respect to the Cartridges ordered in any given Year the fiber wastage (including without limitation as a result of use of fiber in Nonconforming Cartridges) exceeds 5%, then promptly after the end of that Year Medica shall reimburse Nephros half of the cost to Nephros (including any freight, insurance, and sales taxes and other duties, fees, and expenses) of the quantity of fiber represented by that excess wastage.

Fiber. (a) In manufacturing Cartridges, Medica shall use fiber ----- supplied by Membrana Gmbhfiber supplier(s) (the “Fiber Supplier)”)Gmbh, a German company (“"Membrana”"), or other fiber -------- suppliers as specified by Nephros. (b) It is a condition of Medica’s 's ability to timely deliver the Cartridges ordered in any purchase order that Nephros International Europe causes the Fiber SupplierMembrana, or another fiber supplier as specified by Nephros, to deliver to Medica, at Nephros’ ' cost and no later than 45 60 days prior to the delivery date specified in the purchase order, a sufficient quantity of fiber conforming to the Specifications to permit Medica to manufacture those Cartridges. (c) Medica shall store any fiber supplied by the Fiber Supplier Membrana in accordance with guidelines supplied to Medica by Nephros or the Fiber SupplierMembrana. (d) If with respect to the Cartridges ordered in any given Year the fiber wastage (including without limitation as a result of use of fiber in Nonconforming Cartridges) exceeds 5%, then promptly after the end of that Year Medica shall reimburse Nephros half of the cost to Nephros (including any freight, insurance, and sales taxes and other duties, fees, and expenses) of the quantity of fiber represented by that excess wastage.