Common use of Production Orders Clause in Contracts

Production Orders. During the Term, set forth in Section 6 of this Supply Agreement, POINT and CPDC will agree to binding Production Orders for the Product, as follows: (a) To facilitate planning and resourcing, POINT and CPDC shall agree to a nonbinding quarterly production forecast (the “Production Forecast”) immediately following the entry into force of this Supply Agreement, and at the beginning of each Calendar Quarter. This schedule shall be reviewed and updated from time to time for which the Parties may mutually agree on any adjustments to the Production Forecast. [***] = Indicates confidential information omitted from the exhibit. (b) Upon the Commencement Date, POINT shall commit to a minimum annual total purchase commitment of [***] per year (the “Minimum Commitment”). Such Minimum Commitment shall be reduced in the proportion of the Product that CPDC is unable to supply (as per Section 3.4) or that are delivered and found nonconforming or defective (as per Section 3.8). In return CPDC shall commit to providing a minimum of [***] of Product per Calendar Quarter in accordance with the provisions of this Section 3.2. (c) In the event that the Minimum Commitment is not met, CPDC shall reserve the right to invoice POINT the difference between the actual purchases and Minimum Commitment within 30 days following each yearly anniversary following the Commencement Date. Upon Termination, the Minimum Commitment will be calculated proportionally from the Commencement Date anniversary of the year Termination occurs until the date of Termination. (d) CPDC shall confirm, by email, the acceptance of each Production Order typically within [***] business day but no later than [***] business days of receipt of such Production Order (“Accepted Order”). (e) POINT may make changes to an Accepted Order, including quantities ordered (when possible based on the activity ordered) and delivery dates (a “Change Order”), or may terminate in whole or in part an Accepted Order (a “Termination Order”) provided that such changes or termination is submitted in writing by email at least [***] business days prior to manufacture. Confirmation of a Change Order or Termination Order will follow the same timeline as in Section 3.2 d. Any Change Order submitted within [***] business days prior to manufacture may, at the sole discretion of CPDC, be accepted. (f) Upon delivery or deemed delivery of any Termination Order: (i) in the event that the Termination Order is delivered by POINT before [***] business days prior to the date of manufacturing, CPDC shall be entitled to invoice POINT (in accordance with Section 3.5) for all unavoidable costs and out-of-pocket expenses incurred and otherwise recoverable pursuant to Section 3.5. (ii) in the event that the Termination Order is delivered by POINT within [***] to [***] business days prior to the date of manufacturing, CPDC shall be entitled to invoice POINT (in accordance with Section 3.5) for all unavoidable costs and out-of-pocket expenses incurred and otherwise recoverable pursuant to Section 3.5, plus [***] of the “Subtotal Labour Fees” which would have otherwise been charged for such Production Order pursuant to Schedule 1 and Section 3.5. (iii) in the event that the Termination Order is delivered by POINT within [***] to [***] business days prior to the date of manufacturing, CPDC shall be entitled to invoice POINT (in accordance with Section 3.5) for all unavoidable costs and out-of-pocket expenses incurred and otherwise recoverable pursuant to Section 3.5, plus [***] of the “Sub-total Labour Fees” and of the “Logistics and Distribution Fees” which would have otherwise been charged for such Production Order pursuant to Schedule 1 and Section 3.5. (iv) in the event that the Termination Order is delivered by POINT on [***], CPDC shall be entitled to invoice POINT (in accordance with Section 3.5) for all unavoidable costs and out-of-pocket expenses incurred and otherwise recoverable pursuant to Section 3.5, plus [***] of the “Total Batch Production Fee”, the “Dispensing Fees” and “Logistics and Distribution Fees” which would have otherwise been charged for such Production Order pursuant to Schedule 1 and Section 3.5. Page 3 of 14 CONFIDENTIAL [***] = Indicates confidential information omitted from the exhibit. (g) In the event of a batch failure, POINT shall not be liable for payment of the fees specified in Schedule 1, and any such fees paid shall be credited against the Minimum Production Commitment.

Production Orders. During From time to time during the Term, Term set forth in Section 6 of this Supply Agreement, POINT FUSION and CPDC will agree to binding Production Orders for the ProductProducts, as follows: (a) To facilitate planning and resourcingBased on a template order form for such Production Orders provided by CPDC to FUSION, POINT and CPDC FUSION shall agree to a nonbinding quarterly production forecast (the “Production Forecast”) immediately following the entry into force of this Supply Agreement, and at the beginning of each Calendar Quarter. This schedule shall be reviewed and updated from time to time for which the Parties may mutually agree on any adjustments to complete the Production Forecast. Order in such form [***] = Indicates confidential information omitted from no later than (a) the exhibit. order cut-off period for the third-party isotope providers (b) Upon “Minimum Lead Time”). • In the Commencement Date, POINT shall commit to a minimum annual total purchase commitment case of [***] per year (the “Minimum Commitment”). Such Minimum Commitment shall be reduced in the proportion of the Product that CPDC isotope order cut-off is unable to supply (as per Section 3.4) or that are delivered and found nonconforming or defective (as per Section 3.8). In return CPDC shall commit to providing a minimum of [***] eastern standard time the week prior to isotope delivery • In the case of Product per Calendar Quarter in accordance with Actinium-225 the provisions of this Section 3.2isotope order cut-off is [***] eastern standard time the week prior to isotope delivery. (c) In the event that the Minimum Commitment is not met, CPDC shall reserve the right to invoice POINT the difference between the actual purchases and Minimum Commitment within 30 days following each yearly anniversary following the Commencement Date. Upon Termination, the Minimum Commitment will be calculated proportionally from the Commencement Date anniversary of the year Termination occurs until the date of Termination. (db) CPDC shall confirmwill respond, by email, the acceptance or rejection of each duly completed Production Order typically within [***] business day but no later than [***] business days of receipt of such Production Order (an ‘Accepted Production Order” or “Rejected Production Order,” respectively). If there is no response to a Production Order within such timeline, it shall be considered an Accepted Production Order”). In the case of a Rejected Production Order, [***]. (ec) POINT may FUSION shall be entitled to make changes to an Accepted Order, including quantities ordered (when possible based on the activity ordered) and delivery dates Production Orders (a “‘Change Order”), ) to alter the quantity of Units packaged or may terminate in whole or in part an Accepted Order (a “Termination Order”) provided that such changes or termination is submitted in writing by email at least distributed up to [***] business days prior to manufacturethe Date of Manufacturing by providing CPDC with written notice [***]. Confirmation CPDC will respond, by email, the acceptance or rejection of a each Change Order or Termination Order will follow the same timeline as in Section 3.2 d. Any Change Order submitted within [***] business days prior of receipt of such change (an “Accepted Change Order” or “Rejected Change Order,” respectively). If there is no response to manufacture maya Change Order within such timeline, at it shall be considered an Accepted Change Order. In the sole discretion case of CPDCa Rejected Change Order, [***]. Changes to the number of Units packaged or distributed with less than [***] notice will be acceptedsubject to the applicable [***] defined in Schedule 1. Notwithstanding the foregoing, CPDC is unable to alter the total quantity of Product produced after the order deadlines imposed by any third-party isotope supplier. (fd) Upon delivery or deemed delivery Cancelation of any Termination Ordera Production Orders: (i) in the event that the Termination Order is delivered by POINT before [***] business days prior to the date of manufacturing, CPDC shall be entitled to invoice POINT (in accordance with Section 3.5) for all unavoidable costs and out-of-pocket expenses incurred and otherwise recoverable pursuant to Section 3.5. (ii) in the event that the Termination Order is delivered by POINT within [***] to [***] business days prior to the date of manufacturing, CPDC shall be entitled to invoice POINT (in accordance with Section 3.5) for all unavoidable costs and out-of-pocket expenses incurred and otherwise recoverable pursuant to Section 3.5, plus [***] of the “Subtotal Labour Fees” which would have otherwise been charged for such Production Order pursuant to Schedule 1 and Section 3.5. (iii) in the event that the Termination Order is delivered by POINT within [***] to [***] business days prior to the date of manufacturing, CPDC shall be entitled to invoice POINT (in accordance with Section 3.5) for all unavoidable costs and out-of-pocket expenses incurred and otherwise recoverable pursuant to Section 3.5, plus [***] of the “Sub-total Labour Fees” and of the “Logistics and Distribution Fees” which would have otherwise been charged for such Production Order pursuant to Schedule 1 and Section 3.5. (iv) in the event that the Termination Order is delivered by POINT on [***], CPDC (ii) All cancellations of Production Orders shall be entitled provided to invoice POINT (CPDC by FUSION in accordance with Section 3.5) for all unavoidable costs and out-of-pocket expenses incurred and otherwise recoverable pursuant to Section 3.5, plus writing [***] of the “Total Batch Production Fee”, the “Dispensing Fees” and “Logistics and Distribution Fees” which would have otherwise been charged for such Production Order pursuant to Schedule 1 and Section 3.5. Page 3 of 14 CONFIDENTIAL ]. (e) [***] = Indicates confidential information omitted from the exhibit]. (g) In the event of a batch failure, POINT shall not be liable for payment of the fees specified in Schedule 1, and any such fees paid shall be credited against the Minimum Production Commitment.