Invoice Adjustments. 7.2.1 For any firm Purchase Order revised by Client [***] unless Parties mutually agreed to utilize manufacturing time scheduled for the Purchase Order for another purpose, as further defined under Section 3.2.5. 7.2.2 For any Batch that is cancelled by Client, and that is associated with a firm Purchase Order, Client shall pay PYRAMID [***] and Client shall have no further obligations for the Purchase Order. 7.2.3 For any Late Delivery of a Batch under a Purchase Order as further defined in Section 3.2.7, PYRAMID shall incur a penalty of [***]. 7.2.4 For any Batch manufactured with a yield of [***] due to PYRAMID operator error or gross negligence as further defined in Section 4.3, Client shall have the option [***] subject to limitations defined under Section 22. 7.2.5 PYRAMID shall be responsible for the replacement cost of any Batch that does not meet Specifications and is not delivered to Client as further described in Section 4.4, [***] subject to limitations defined under Section 22.
Appears in 2 contracts
Sources: Commercial Supply Agreement (Xeris Pharmaceuticals Inc), Commercial Supply Agreement (Xeris Pharmaceuticals Inc)