Firm Order Sample Clauses
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Firm Order. During the Term, the Supplier shall sell and the Customer shall purchase quantities of the Products that the Customer orders from time to time under Section 4.0 hereof. Supplier grants the right to Customer to incorporate the Products into Customer’s systems and to market, distribute, sell and lease (directly or through Customer’s agents and distributors) such Customer systems to its direct and indirect customers. This Agreement constitutes [ * ] purchase obligation of Customer for the Products in the amounts and at the delivery times as set forth on Exhibit B attached hereto [ * ] (the “Firm Order Amount”).
Firm Order. Firm Order shall have the meaning set forth in Section 2.1.
Firm Order. VIVUS shall place with TANABE a firm order at least one-hundred and twenty (120) days before the desired shipping date. Such firm order shall fall within the range from ninety percent (90%) to one hundred and twenty percent (120%) of such order forecast. TANABE shall accept all such orders.
Firm Order. (a) Berlex hereby firmly orders front DuPont a maximum of one Batch of Product per week as needed to fill orders received during the term of this Agreement.
(b) In the event DuPont determines based on a lack of orders that in a particular week Berlex will not require manufacture of a Batch, then DuPont shall promptly so inform Berlex. After receiving confirmation from Berlex, DuPont will use reasonable efforts to minimize variable cost expenditures. In such circumstances Berlex shall pay DuPont as required under Section 3.1(b).
Firm Order. Each Pre-Commercialization Firm Order and Post-Commercialization Firm Order shall be known as a "Firm Order". For the avoidance of doubt, the term "binding" as used in Sections 3.1(b) and (c) refers to the requirement for Labeled Drug to be produced on the Scheduled Batch Completion Dates, but not to Batch size. By way of example, Exhibit 3.1 provides a schematic outlining the procedure provided for in Section 3.1 (b) and (c) above. ---------------------------------- * Confidential treatment requested.
Firm Order. Subject to deferral or cancellation as provided below, the first three (3) months of each Rolling Forecast of Customer’s requirements of specific API from Agilent shall constitute a commitment on the part of Agilent to supply and Customer to order the quantity of specific API set forth in such Roiling Forecast (for each specific API this portion of the Rolling Forecast a “Firm Order.” The remaining twenty one (21) month portion of each Rolling Forecast shall be non- binding; however, Customer shall not reduce the non-binding forecasted amounts of the first three non-binding months more than thirty percent (30%) as they become a portion of the Firm Order without reasonable justification provided to Agilent. Thus, the forecast for each of months four, five and six in the Rolling Forecast cannot be reduced by more than thirty percent (30%) of the value stated in each such month as it became the sixth month of the Rolling Forecast without reasonable justification provided to Agilent. An impermissible reduction shall be considered a partial cancellation and subject to the provisions of Section 7(d).
Firm Order. A one-time order for a specific title(s) and number of copies, in contrast to a subscription or standing order.
Firm Order. The quantity of the Product in the firm order shall not be less than seventy five percent (75%) nor more than one hundred and twenty five percent (125%) of the quantity specified in the latest forecast for the same quarter. In case the quantity in the firm order exceeds one hundred and twenty five percent (125%) of that in the latest forecast, SUMITOMO’s failure to supply the quantities exceeding one hundred and twenty five percent (125%) of that in the latest forecast shall not constitute a breach of this Agreement.
Firm Order. The first quarter of the rolling forecast placed by Chelsea pursuant to Section 3.1.2 above shall be deemed as a firm order. Chelsea shall designate a delivery date within the applicable calendar quarter at the time the forecast becomes a firm order. The quantity of the Compound in the firm order shall not be less than [*] percent ([*]%) nor more than [*] percent ([*]%) of the quantity specified in the latest forecast for the same quarter. In case the quantity in the firm order exceeds [*] percent ([*]%) of that in the latest forecast, DSP’s failure to supply the quantities exceeding [*] percent ([*]%) of that in the latest forecast shall not constitute a breach of this Agreement.
Firm Order. All estimates shall be valid for thirty (30) days from issuance, and Winstar shall accept or reject within such time period, unless an extension is requested in writing by Winstar and agreed to by BellSouth. Such extension will not exceed thirty (30) days. To accept an estimate, Winstar shall so state in writing by submitting a Firm Order to BellSouth and shall pay BellSouth 50% of the total estimated charges (“Initial Payment”) with the balance of the actual charges due upon completion of the Microwave Collocation area and any necessary supporting electrical or building modification work. Payment requirements will be commensurate with BellSouth’s FCC #1tariff, Section 20, and Exhibit B. BellSouth will permit one accompanied site visit to Winstar’s designated Microwave collocation arrangement location after receipt of the Firm Order without charge to Winstar.