Binding Orders definition
Examples of Binding Orders in a sentence
RTI shall ship Specialty Allografts and Bone Paste corresponding to Binding Orders to MSD at least once per week at RTI’s sole cost and expense, provided that MSD shall reimburse RTI for actual and reasonable expenses incurred by RTI in expediting shipments or making additional shipments pursuant to Interim Orders at MSD’s request.
In addition, Raylo shall use best efforts to fill all Binding Orders, and Deliver API ordered thereunder by the requested Delivery date, for quantities in excess of [**]% of Eyetech's requirements forecasted for the first quarter in the most recent Forecast preceding such Binding Orders, provided that Eyetech submits purchase orders for such Binding Orders at least [**] days preceding the beginning of the quarter in which Delivery is requested.
The binding portions of the Forecasts and Eyetech's purchase orders for quantities in excess of such binding portions shall be binding (each, a "Binding Order" and, collectively, "Binding Orders").
GILEAD understands and acknowledges that APO will rely on the Binding Orders submitted pursuant to this Section 6 in ordering the Components required to meet such Binding Orders.
The Initial Stocking Order shall not be used in the calculation of the average value of Binding Orders submitted by MSD.
Nothing in this Section 3.4 is intended to negate APO’s obligations to fulfil Binding Orders accepted pursuant to Section 6.3 or to prevent GILEAD from submitting aggregate Binding Orders that APO will accept, if otherwise properly submitted, for a calendar year for the applicable Yearly Minimum Volume.
Except for Lonza’s indemnification obligations under Clause 9.4 and the exceptions set forth in the second sentence of Clause 9.7 and the second sentence of this Clause 9.8, in no event shall Lonza’s liability to Omeros for direct damages arising from or related to breach of this Agreement exceed [ ***] payable under this Agreement for Services, including under any Binding Orders not yet completed, by Omeros.
In addition, GILEAD agrees to purchase [ * ] Components and Inventory utilized under the “old” Specifications and purchased or maintained by APO in order to fulfill Binding Orders in accordance with Section 6 of the Agreement, to the extent that such Components and Inventory can no longer be utilized under the revised Specifications.
The Binding Orders submitted to APO shall specify GILEAD’s purchase order number, quantities of the Product, monthly delivery schedule and any other elements necessary to ensure the timely production and delivery of the Product by APO.
GILEAD shall inspect, or cause its Affiliates or manufacturers to inspect, Product supplied by APO for transport damages, completeness, compliance as to quantity or timing as stated in the Binding Orders and, as far as reasonably possible, any other obvious defects within [ * ] following receipt; GILEAD shall give APO written notice of all claims for any such obvious defect within such [ * ] period.