Product Quantities. A Batch of [***] of Product (the “Target Quantity”), up to a maximum of [***] above or below, will be invoiced according to the Batch Price as set forth in Appendix A. In case of quantities below [***] of the Target Quantity), Lonza shall invoice and Customer shall pay (i) the Batch Price minus (ii) the Batch Price multiplied by the number of kilograms produced less than [***] divided by the Target Quantity. For example: In case the quantity is [***]))). In case of quantities above [***] of the Target Quantity) Lonza shall invoice and Customer shall pay (i) the Batch Price plus (ii) the Batch Price multiplied by the number of kilograms produced in excess of [***] divided by the Target Quantity. For example: In case the quantity is [***]))). The Purchase Order shall be fulfilled if at least [***] of the Target Quantity is delivered. In the event that [***] or less of the Target Quantity for any Batch is delivered, (a) the Parties will negotiate in good faith the scheduling of the manufacture of a subsequent Batch, and Lonza will use its best efforts to prioritize the scheduling of such subsequent Batch so as to minimize disruption of Customer’s supply of Product, and (b) at Customer’s discretion, such subsequent Batch shall be considered a Batch “purchased” in the next calendar year for purposes of calculating whether Company has purchased the Minimum Quantity in accordance with Section 6.4.
Product Quantities. Quantities of Product arising from a Campaign up to a maximum of [***] above or below the Purchase Order will be invoiced according to the [***] price as outlined in the Project Plan. In case of additional surplus quantities or quantities below [***] of the target quantity, the Parties will negotiate in good faith a reasonable price. The Purchase Order shall be fulfilled if at least [***] of the target quantity is delivered. 10 *** CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR CERTAIN PORTIONS OF THIS EXHIBIT. CONFIDENTIAL PORTIONS OF THIS EXHIBIT ARE DESIGNATED BY [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Maintenance by Lonza of Safety Stock. At a mutually agreed time, but not later than [***] months after the Effective Date, Lonza shall keep on hand at all times a reserve of approximately [***] of Product. Lonza may use all or part of such reserve of Product to fulfil a Purchase Order, provided that Lonza shall promptly produce additional reserve Batches in order to keep the reserve at the levels described above. At such time as Lonza schedules production of a reserve Batch, such Batch will be deemed covered by a binding Purchase Order hereunder. Lonza may elect to manufacture a reserve Batch in conjunction with a Batch subject to a Purchase Order submitted by Customer. The Product maintained by Lonza as part of such reserve shall be owned by Lonza and title shall not pass to Customer until [***], whichever comes first. Batches produced pursuant to this Section will be invoiced as follows: [***] upon the Commencement Date; and the remainder [***]. Following the date title passes to Customer, Product held in reserve shall be stored on a xxxx and hold basis according to Section 7.2. On termination of this Agreement, Lonza shall deliver, and Customer shall purchase (at the remaining balance of the regular price), all such reserve of Product maintained hereunder.
Product Quantities. During the term of this Agreement, and ------------------ subject to the provisions of this Agreement, C&D shall manufacture and supply to Armkel in accordance with the terms of this Agreement, including, without limitation, the Specifications in respect to the Products, 100% of Armkel's total requirements for the Products (such manufacturing and supply services, the "Manufacturing Services"). ----------------------
Product Quantities. Quantities of Product arising from a Campaign [*] percent ([*]%) [*] will be invoiced according to the per gram Price as set forth in Appendix A or as outlined in a Purchase Order. In case of additional surplus quantities or quantities below [*] percent ([*]%) of the target quantity, the Parties will negotiate in good faith a reasonable price. The Purchase Order shall be fulfilled if at least [*]% of the target quantity is delivered.
Product Quantities. During the term of this Agreement, Supplier will sell to Distributor and Distributor will buy from Supplier all of Products in such quantities as are necessary to fill Distributors requirements to meet the demand therefor in the Territory. Supplier acknowledges that in the normal course of business an ''adequate inventory" by brand of Products as determined and communicated by Distn1mtor is to be maintained to properly service retail outlets in the Territory.
Product Quantities. During the term of this Agreement, and subject to the provisions of this Agreement, Buyer shall for so long as the Agreement is in effect purchase from the Company and the Company shall manufacture and supply to Buyer in accordance with the terms of this Agreement, including, without limitation, the Specifications in respect of the Products, 100% of Buyer's total requirements for the Products with the exception of any Products produced at Buyer's own facilities.
Product Quantities. Supplier will supply Distributor with sufficient quantities of the Products to meet customer demand on a timely basis. If Supplier experiences a restriction of Product supply in the United States, Supplier will allocate available products equitably between its distributors in the United States, in its reasonable discretion.
Product Quantities. Quantities of Product arising from a Campaign up to a maximum of [***] above or below the Purchase Order will be invoiced according to the [***] price as outlined in the Project Plan. In case of additional surplus quantities or quantities below [***] of the target quantity the Parties will negotiate in good faith a reasonable price. The Purchase Order shall be fulfilled if at least [***] of the target quantity is delivered.
Product Quantities. Seller shall deliver to Buyer and/or its designee the amount of each of the Product(s) specified in each Purchase Order, together with any other sales documentation or other materials specified in such Purchase Order, no later than the date (or dates) mutually agreed by the Parties therein. Unless authorized by Buyer in a Purchase Order, Seller will not deliver quantities in excess of those specified by Buyer. Products received in excess of the quantities specified in a Purchase Order or Purchase Order release are subject to return for credit at Seller’s expense.
Product Quantities
