Common use of Order Limits Clause in Contracts

Order Limits. Aerogen shall not be obligated to supply in a calendar month a quantity of OnQ Aerosol Generators that is more than [*] of the amount previously forecasted for such [*] in the prior forecast submitted by MIA (each, an “Order Limit”). However, if requested by MIA, Aerogen will use reasonable efforts to supply any amounts of OnQ Aerosol Generators in excess of the Order Limit for a particular [*]. Aerogen shall notify MIA in writing promptly after receiving a purchase order from MIA whether it is able to supply the amount of such purchase order that exceeds such Order Limit. Any excess amounts that Aerogen accepts (in whole or in part) pursuant to this Section 4.3 within [*] after the date of such purchase order shall be binding upon MIA. If Aerogen fails to respond within [*] after the date of a purchase order that requests delivery of amounts in excess of the Order Limit, then Aerogen shall be deemed to have accepted only the amount of such purchase order that falls within the Order Limit.

Order Limits. Aerogen shall not be obligated to supply in a calendar month a quantity of OnQ Aerosol Generators that is more than [*[ * ] of the amount previously forecasted for such [*[ * ] in the prior forecast submitted by MIA (each, an “Order Limit”). However, if requested by MIA, Aerogen will use reasonable efforts to supply any amounts of OnQ Aerosol Generators in excess of the Order Limit for a particular [*[ * ]. Aerogen shall notify MIA in writing promptly after receiving a purchase order from MIA whether it is able to supply the amount of such purchase order that exceeds such Order Limit. Any excess amounts that Aerogen accepts (in whole or in part) pursuant to this Section 4.3 within [*] ten (10) business days after the date of such purchase order shall be binding upon MIA. If Aerogen fails to respond within [*] ten (10) business days after the date of a purchase order that requests delivery of amounts in excess of the Order Limit, then Aerogen shall be deemed to have accepted only the amount of such purchase order that falls within the Order Limit.