Common use of Future Orders Clause in Contracts

Future Orders. For anticipated sales of Product by Endo in the second month following commercial launch of the Product and thereafter during the Term Endo shall submit purchase orders to Noven for such Product on a monthly basis. Each purchase order shall be submitted at least ninety (90) days prior to the expected respective sales month. Each purchase order shall specify an amount of Product that is at least *** and no greater than *** of Endo's most recent previous forecast for the applicable month; provided, however, that upon request by Endo, Noven shall attempt in good faith to supply a quantity of the Product in excess of *** of the amount previously forecasted by Endo for any such month. Each purchase order shall be binding, and shall specify a delivery date that is no sooner than ninety days after submission of the purchase order to Noven. In the event that the terms and conditions of any purchase order are inconsistent with or conflict with the terms and conditions of this Agreement, the terms and conditions of this Agreement shall govern.

Appears in 4 contracts

Samples: Supply Agreement (Noven Pharmaceuticals Inc), Supply Agreement (Endo Pharmaceuticals Holdings Inc), Supply Agreement (Endo Pharmaceuticals Holdings Inc)

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