Common use of Subsequent Purchase Orders Clause in Contracts

Subsequent Purchase Orders. (a) PARI shall supply PARI Products to Serendex in accordance with the terms and conditions of this Agreement, and in accordance with the purchase orders submitted to PARI by Serendex (the “Purchase Orders”). Each Purchase Order shall include item numbers and quantity, delivery location(s), contact information and shipment date(s). PARI shall ship the quantity of PARI Products specified in each Purchase Order no less than one hundred twenty (120) days after the date and confirmation of such Purchase Order by PARI, unless otherwise agreed to by PARI and Serendex; provided, however, that no such Purchaser Order shall have a shipment date prior to the 120th day following the date of shipment of PARI Products ordered in the Initial Purchase Order. PARI shall use commercially reasonable efforts to accept and fill Purchase Orders placed by Serendex that are in excess of the forecasted quantities for such time period. PARI shall notify Serendex within 10 Business Days if it cannot meet the requested shipment date for the excess quantities; provided, however that failure by PARI to fulfill such excess quantities shall not be deemed a breach under this Agreement. Any special or customized labeling or shipment requirements will need to be discussed and agreed to by the Parties along with any associated extensions of timelines and added costs billed to Serendex. (b) PARI’s sale of PARI Products hereunder shall be subject to the terms and conditions of this Agreement and not to any terms and conditions stated on any Purchase Order, PARI’s written acceptance of a Purchase Order or other document not effectively amending this Agreement, except insofar as such Purchase Order or other document establishes the quantity, delivery date, specific shipping requirements and destination of shipment of PARI Products ordered. Any additional, inconsistent or different terms and conditions contained in such other documents are hereby expressly rejected. (c) Rush orders for PARI Products requesting a delivery date sooner than one hundred twenty (120) days after the date of such Purchase Order are subject to PARI’s acceptance and written confirmation and may incur additional charges.

Subsequent Purchase Orders. (a) PARI shall supply PARI Products to Serendex RAPTOR in accordance with the terms and conditions of this Agreement, and in accordance with the purchase orders submitted to PARI by Serendex RAPTOR (the “Purchase Orders”). Each Purchase Order shall include item numbers and quantity, delivery location(s), contact information and shipment date(s). PARI shall ship the quantity of PARI Products specified in each Purchase Order no less than one hundred twenty (120) [***] days after the date and confirmation of such Purchase Order by PARI, unless otherwise agreed to by PARI and SerendexRAPTOR; provided, however, that no such Purchaser Purchase Order shall have a shipment date prior to the 120th [***] day following the shipment date of shipment of PARI Products ordered in on the Initial Purchase Order. PARI shall use commercially reasonable efforts to accept and fill Purchase Orders placed by Serendex RAPTOR that are in excess of the forecasted quantities for such time period. PARI shall notify Serendex RAPTOR within 10 Business Days [***] business days if it cannot meet the requested shipment date for the excess quantities; provided, however that failure by PARI to fulfill such excess quantities shall not be deemed a breach under this Agreement. Any special or customized labeling or shipment requirements will need to be discussed and agreed to by the Parties parties along with any associated extensions of timelines and added costs billed to SerendexRAPTOR. In the event of any supply interruption or inadequate quantities of the PARI Products available to fulfill RAPTOR’s requirements, PARI shall provide to RAPTOR such quantity of PARI Products that equal RAPTOR’s pro rata portion of all available quantities of devices, nebulizers or any related accessories, as applicable, based on then-pending forecasts of all PARI customers. (b) PARI’s sale of PARI Products hereunder shall be subject to the terms and conditions of this Agreement and not to any terms and conditions stated on any Purchase Order, PARI’s written acceptance of a Purchase Order or other document not effectively amending this Agreement, except insofar as such Purchase Order or other document establishes the quantity, delivery date, specific shipping requirements and destination of shipment of PARI Products ordered. Any additional, inconsistent or different terms and conditions contained in such other documents are hereby expressly rejected. (c) Rush orders for PARI Products requesting a delivery date sooner than one hundred twenty (120) [***] days after the date of such Purchase Order are subject to PARI’s acceptance and written confirmation and may incur additional charges. Such additional charges shall be equal to the actual cost incurred by PARI (over and above non-rush order costs) due to the rush order.

Subsequent Purchase Orders. (a) PARI shall supply PARI Products to Serendex INSMED in accordance with the terms and conditions of this Agreement, and in accordance with the purchase orders submitted to PARI by Serendex INSMED (the “Purchase Orders”). Each Purchase Order shall include item numbers and quantity, delivery location(s), contact information and shipment date(s). PARI shall ship the quantity of PARI Products specified in each Purchase Order no less than one hundred twenty (120) [***] days after the date and confirmation of such Purchase Order by PARI, unless otherwise agreed to by PARI and SerendexINSMED; provided, however, that no such Purchaser Purchase Order shall have a shipment date prior to the 120th [***] day following the date of shipment receipt by PARI of PARI Products ordered in the Initial Purchase Order. PARI shall accept all Purchase Orders for quantities of PARI Products that are set forth in the most recent Forecast for the applicable time period, and PARI shall use commercially reasonable efforts to accept and fill Purchase Orders placed by Serendex INSMED that are in excess [***] of the forecasted quantities for such time period. PARI shall notify Serendex INSMED within 10 [***] Business Days if it cannot meet the requested shipment date for the excess quantities[***]; provided, however that failure by PARI to fulfill such excess quantities [***] shall not be deemed a breach under this Agreement. Any special or customized labeling or shipment requirements will need to be discussed and agreed to by the Parties along with any associated extensions of timelines and added costs billed to Serendex. (b) PARI’s sale of PARI Products hereunder shall be subject to the terms and conditions of this Agreement and not to any terms and conditions stated on any Purchase Order, PARI’s written acceptance of a Purchase Order or other document not effectively amending this Agreement, except insofar as such Purchase Order or other document establishes the quantity, delivery date, specific shipping requirements and destination of shipment of PARI Products ordered. Any additional, inconsistent or different terms and conditions contained in such other documents are hereby expressly rejected. (c) Rush orders for PARI Products requesting a delivery date sooner than one hundred twenty (120) [***] days after the date of such Purchase Order are subject to PARI’s acceptance and written confirmation and (other than the Initial Purchase Order) may incur additional charges. Such additional charges shall be equal to the actual cost incurred by PARI (over and above non-rush order costs) due to such rush order.

Subsequent Purchase Orders. (a) PARI shall supply PARI Products to Serendex INSMED in accordance with the terms and conditions of this Agreement, and in accordance with the purchase orders submitted to PARI by Serendex INSMED (the “Purchase Orders”). Each Purchase Order shall include item numbers and quantity, delivery location(s), contact information and shipment date(s). PARI shall ship the quantity of PARI Products specified in each Purchase Order no less than one hundred twenty *** (120***) days after the date and confirmation of such Purchase Order by PARI, unless otherwise agreed to by PARI and SerendexINSMED; provided, however, that no such Purchaser Purchase Order shall have a shipment date prior to the 120th *** day following the date of shipment receipt by PARI of PARI Products ordered in the Initial Purchase Order. PARI shall accept all Purchase Orders for quantities of PARI Products that are set forth in the most recent Forecast for the applicable time period, and PARI shall use commercially reasonable efforts to accept and fill Purchase Orders placed by Serendex INSMED that are in excess *** of the forecasted quantities for such time period. PARI shall notify Serendex INSMED within 10 *** (***) Business Days if it cannot meet the requested shipment date for the excess quantities***; provided, however that failure by PARI to fulfill such excess quantities *** shall not be deemed a breach under this Agreement. Any special or customized labeling or shipment requirements will need to be discussed and agreed to by the Parties along with any associated extensions of timelines and added costs billed to Serendex. (b) PARI’s sale of PARI Products hereunder shall be subject to the terms and conditions of this Agreement and not to any terms and conditions stated on any Purchase Order, PARI’s written acceptance of a Purchase Order or other document not effectively amending this Agreement, except insofar as such Purchase Order or other document establishes the quantity, delivery date, specific shipping requirements and destination of shipment of PARI Products ordered. Any additional, inconsistent or different terms and conditions contained in such other documents are hereby expressly rejected. (c) Rush orders for PARI Products requesting a delivery date sooner than one hundred twenty *** (120***) days after the date of such Purchase Order are subject to PARI’s acceptance and written confirmation and (other than the Initial Purchase Order) may incur additional charges. Such additional charges shall be equal to the actual cost incurred by PARI (over and above non-rush order costs) due to such rush order.