Purchase Quantities. Each purchase order shall specify the quantity of units of Product being ordered. Quantities actually shipped pursuant to a given purchase order may vary from the quantities reflected in such purchase order by up to [ * ] and still be deemed to be in compliance with such purchase order; provided, however, ORPHAN shall only be invoiced and required to pay for the quantities of Product which Catalytica actually ships to ORPHAN.
Purchase Quantities. All Product shall be ordered in [*]. Each Purchase Order shall specify the quantity of Units of Product being ordered. Quantities actually shipped pursuant to a given Purchase Order may vary from the quantities reflected in such Purchase Order by up to [*] above or below the stated quantities and still be deemed to be in compliance with such Purchase Order; however Onyx shall only be invoiced for actual delivered quantities.
Purchase Quantities. The District reserves the right to adjust upward, or downward the quantities of items purchased without altering the unit Purchase Price upon award and throughout the term of this Agreement.
Purchase Quantities. Distributor agrees to purchase from Supplier a minimum of 1,008,000 bottles during the first year of the contract, 3,024,000 bottles during the second year: of the contract and over 6,000,000 bottles during the third of the contract and thereafter in following years. If the distributor does not meet the minimum case purchases, the supplier may terminate the agreement for cause.
Purchase Quantities. Except as otherwise set forth in this Agreement, Tercica shall accept and pay for all Drug Substance that complies with the warranties set forth in Sections 17.1 and 17.2, up to the amount set forth in each applicable Firm Order. Subject to the provisions of Article 13, Tercica shall have no obligation to pay for, and CBSB shall replace, at CBSB’s cost, any Non-Conforming Drug Substance resulting from any Commercial Run. CBSB shall have no liability or obligation whatsoever with respect to Drug Substance resulting from any Commercial Runs for any reason other than CBSB’s breach of the warranty terms set forth in Section 17.1 or Section 17.2.
Purchase Quantities. All Product shall be ordered in lot sizes or whole multiples thereof. Each Purchase Order shall specify the quantity of Units of Product being ordered. Quantities actually shipped pursuant to a given Purchase Order may vary from the quantities reflected in such Purchase Order by up to [Confidential Information Has Been Omitted And Furnished Separately To The Securities And Exchange Commission] percent and still be deemed to be in compliance with such Purchase Order; provided, however, that Endo shall only be invoiced and required to pay for the quantities of Product which SkyePharma actually ships or have shipped to Endo. Endo will manage its inventory of Product in a manner reasonably consistent with its ordinary business practices.
Purchase Quantities. DONGBAO shall ship the quantities specified in the PO by the delivery date designated in all POs confirmed by DONGBAO pursuant to Section 5.3above. Variations in shipments as outlined herein shall be deemed to be in compliance with such PO; provided, however, that DANCE shall only be invoiced and required to pay for the quantities of Active Ingredient which DONGBAO and/or its Affiliates actually ships to DANCE. All shipments of Active Ingredient shall be accompanied by a packing slip and a Certificate of Analysis which describes the Active Ingredient, states the PO number, confirms that the Active Ingredient conforms in all ways with the Specifications and was manufactured in accordance with cGMP and all other requirements of the FD & C Act and all other Applicable Laws, rules and regulations. To the extent of any conflict or inconsistency between this Agreement and any PO, or confirmation, the terms of this Agreement shall govern. DANCE shall notify DONGBAO of any short shipment claims within thirty (30) days of delivery of a shipment of Active Ingredient.
Purchase Quantities. (a) The target number of Systems we are to purchase under this Agreement shall be: (i) ****CONFIDENTIAL TREATMENT REQUESTED**** Systems prior to the first (1st) anniversary of the Initial Delivery Date, purchased according to the rolling twelve (12) month forecast described in paragraph 7, (ii) an additional ****CONFIDENTIAL TREATMENT REQUESTED**** Systems prior to the second (2nd) anniversary of the Initial Delivery Date, and (iii) an additional ****CONFIDENTIAL TREATMENT REQUESTED**** Systems prior to the third (3rd) anniversary of the Initial Delivery Date. In the event that this Agreement continues in effect after the third (3rd) anniversary of the Initial Delivery Date, the target number of Systems we are to purchase in each subsequent year shall be determined by good faith agreement between you and us at least ninety (90) days before the beginning of such year, and will be in the range of ****CONFIDENTIAL TREATMENT REQUESTED**** % to ****CONFIDENTIAL TREATMENT REQUESTED**** % greater than the target number for the preceding year, unless you and we agree otherwise. Purchases in all years beyond 2006 shall be made in a quarterly spread as mutually agreed upon at least ninety (90) days in advance of the contract year based on an assessment of the then current sales year purchasing pattern.
Purchase Quantities. (a) On or before October 1, 2008 and on or before October 1st of each Contract Year, Boston Beer shall advise Anchor of Boston Beer’s estimate of Boston Beer’s Bottle requirements for the following Contract Year, stated separately for each Brewery and for each Bottle size, shape, color and type of packaging (i.e., Packed Bottles or Bulk Bottles) to be produced for Boston Beer by Anchor under this Agreement (the “Annual Estimate”).
Purchase Quantities. Nycomed shall order Product hereunder in Batch sizes or whole multiples thereof. Each purchase order submitted by Nycomed hereunder shall specify the quantity of Units of Product being ordered. Notwithstanding anything in this Agreement to the contrary, [***]; provided, however, Nycomed shall only be [***]; and provided, further, that POZEN shall [***]. CONFIDENTIAL TREATMENT HAS BEEN GRANTED FOR THE REDACTED PORTIONS OF THE AGREEMENT THAT ARE MARKED WITH ASTERISKS AND BRACKETS ([***]). A COMPLETE COPY OF THIS AGREEMENT, INCLUDING THE REDACTED PORTIONS, HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION.
