Common use of Minimum and Maximum Orders Clause in Contracts

Minimum and Maximum Orders. Marketer shall have the right to order -------------------------- each Product in amounts which range from ninety percent (90%) to one-hundred ten percent (110%) of the firm order amounts specified in the Purchase Forecast for the applicable Calendar Quarter. If Marketer places Purchase Orders for additional quantities of any Product above one-hundred ten percent (110%) of the quantity forecasted, then Manufacturer shall use commercially reasonable efforts to produce and deliver to Marketer said additional quantities within ninety (90) days of issuance of the Purchase Order. Marketer acknowledges that Manufacturer is not obligated to meet all of Marketer's demands for any Product, provided, however, that in the event that demand for Products exceeds Manufacturer's production capabilities, Manufacturer shall allocate production resources based on forecasted orders specified in Marketer's Purchase Forecast.

Appears in 3 contracts

Samples: Registration Rights Agreement (Retractable Technologies Inc), Registration Rights Agreement (Retractable Technologies Inc), Registration Rights Agreement (Retractable Technologies Inc)

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Minimum and Maximum Orders. Marketer shall have the right to order -------------------------- each Product in amounts which range from ninety percent (90%) to one-hundred ten percent (110%) of the firm order amounts specified in the Purchase Forecast for the applicable Calendar Quarter. If Marketer places Purchase Orders for additional quantities of any Product above one-hundred ten percent (110%) of the quantity forecasted, then Manufacturer Developer shall use commercially reasonable efforts to produce and deliver to Marketer said additional quantities within ninety (90) days of issuance of the Purchase Order. Marketer acknowledges that Manufacturer Developer is not obligated to meet all of Marketer's demands for any Product, provided, however, that in the event that demand for Products exceeds ManufacturerDeveloper's production capabilities, Manufacturer Developer shall allocate production resources based on forecasted orders specified in Marketer's Purchase Forecast.

Appears in 1 contract

Samples: National Marketing and Distribution Agreement (Maxxon Inc)

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