Firm Order Sample Clauses

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”).
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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. 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.
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. 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. A one-time order for a specific title(s) and number of copies, in contrast to a subscription or standing order.
Firm Order. YTE and Altair agree that (i) subject to YTE’s right to cancel Purchase Orders under Section IV.8, any signed and accepted Purchase Orders for the first two million U.S. dollars (US$2,000,000) of nLTO under Section I.1 above shall be deemed firm and irrevocable upon the Effective Date, and (ii) YTE’s purchase obligations with respect to the remaining nLTO under Article I and the Cells under Article II and the ALTI-ESS under Article III will become firm upon closing of the transactions contemplated by the SSA, with each separate purchase order becoming binding as provided in Sections IV.1 and IV.2 but conditioned upon the closing of the transactions contemplated under the SSA.
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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 a) Initially, Xxxxx shall provide Valence with a Firm Order for Valence Power Systems for a three month period. On or before the first day of each subsequent calendar month, Xxxxx shall deliver to Valence a Firm Order for the month three (3) months out (thereby maintaining a three (3) month Firm Order).
Firm Order. The first [ * ] of each monthly Rolling Forecast shall be deemed as a Firm Order. Merck shall designate a Delivery date or Delivery date(s) for the Firm Orders. The Parties agree that (i) prior to the [ * ] of the first Major Market Launch, the [ * ] of each Firm Order shall not vary by more than [ * ] of the estimated quantity of the [ * ] of the previous Rolling Forecast; and (ii) following the [ * ] of the first Major Market Launch, the [ * ] of each Firm Order shall not vary by more than [ * ] of the estimated quantity of the [ * ] of the previous Rolling Forecast. If Merck places a Firm Order in excess of the maximum amount allowed pursuant to the foregoing sentence, Dynavax shall use its commercially reasonable efforts to meet Merck’s request; provided that Dynavax’s failure to supply the excess quantities shall not constitute a breach of this Agreement. Notwithstanding the foregoing, the Parties agree that all Rolling Forecasts and Firm Orders shall be subject to the capacity constraints for the Manufacture of Hepatitis B Surface Antigen as described in Section 2.2 above.
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