Common use of Shipping Date Clause in Contracts

Shipping Date. Nanophase will have Product available for shipment F.O.B. its facility and will deliver Product to the carrier at the Nanophase loading dock, packaged and labeled in accordance with Exhibit A, by the date set forth in the relevant purchase order; provided that Nanophase shall not be required to so ship in any month an amount of more than 120% of the amount shown for such month in the then current Quarterly Forecast. Nanophase will also have available and (if ordered) provide as set forth in this Section 1.05 an additional amount of Product equal to the amount of inventory required to be on hand pursuant to Section 3.04; provided that if such additional amount is depleted by orders from Purchaser it shall only be required to be restored to the extent provided in Section 3.04. Risk of loss or damage to Product will pass to Purchaser upon shipment.

Shipping Date. Nanophase will have the Product available for shipment F.O.B. its facility and will deliver the Product to the carrier at the Nanophase loading dock, packaged and labeled in accordance accord with Exhibit A, by the date set forth in the relevant purchase order; provided that that, beginning in 2007, Nanophase shall not be required to so ship in any month an amount of more than 120[* * *]% of the amount shown for such month in the then current Quarterly then-most recent Rolling Six-Month Forecast. Nanophase will also have available and (if ordered) provide as set forth in under this Section 1.05 an 1.06 additional amount of Product equal to the amount of inventory required to be on hand pursuant to Section 3.043.02; provided that if such additional amount is depleted by orders from Purchaser BASF it shall only be required to be restored to the extent provided in Section 3.043.02. Risk Title to the Product, and risk of loss or damage to Product the Product, each will pass to Purchaser BASF upon shipment.