Common use of Shipment Dates Clause in Contracts

Shipment Dates. Systems purchased by ▇▇▇▇▇▇▇▇ hereunder shall be -------------- shipped and delivered to ▇▇▇▇▇▇▇▇ on a monthly basis on or before the last day of each calendar month in accordance with the provisions of Section 3.4 below. Proton will use best efforts to meet the shipment dates for each accepted Purchase Order, but will not be liable for failure to do so (a) due to a Force Majeure Act or (b) so long as ▇▇▇▇▇▇▇▇ is not in compliance with Section 4.3 relating to payment of the purchase price, or (c) to the extent the quantities of the Systems requested in such Purchase Order exceed [*****] of the Forecast for the subject month submitted by ▇▇▇▇▇▇▇▇ prior to the end of the previous calendar quarter or [*****] of the largest quantity of Products purchased by ▇▇▇▇▇▇▇▇ during any previous calendar quarter.