Excess Quantities definition
Examples of Excess Quantities in a sentence
Cardinal Health’s supply of Excess Quantities and Additional Quantities are both subject to (i) receipt of a Purchase Order for such Additional Quantities and Excess Quantities at least ninety (90) days in advance of the requested Delivery Date for such Additional Quantities and Excess Quantities, and (ii) Cardinal Health’s possession of sufficient quantities of API to Manufacture Excess Quantities and Additional Quantities.
Following receipt of such written notice, the Parties shall discuss and attempt in good faith to reach agreement on the unit sizes of the Excess Quantities.
If the parties are unable to reach agreement on the unit sizes of any Excess Quantities within ten (10) days from the notice, Osiris shall Process and Deliver to NuVasive unit sizes of such Excess Quantities in the same proportion as the unit sizes of Product set forth in NuVasive’s most recent Order.
In doing so, to the extent practicable and commercially reasonable, DCR will endeavor to use smaller capacity Tanks before larger capacity Tanks to facilitate the segregation of such Excess Quantities from the ▇▇▇▇ Inventory.
In doing so, to the extent practicable and commercially reasonable, PRC will endeavor to use smaller capacity Tanks before larger capacity Tanks to facilitate the segregation of such Excess Quantities from the ▇▇▇▇ Inventory.
Osiris shall have the right, in its discretion, to Process and Deliver Product hereunder in quantities that exceed NuVasive’s Orders (the “Excess Quantities”), provided that Osiris gives advance written notice to NuVasive of its intent to Process and Deliver the Excess Quantities.
Any Excess Quantities that Cubist agrees to supply, within such [*] period, shall be binding upon Cubist (together with the ordered quantities up to the Maximum Quantities).
Before agreeing to supply Chiron with Excess Quantities, Cubist may notify Chiron that it will do so only on the condition that Chiron pay its documented excess costs specified in such notice as being in excess of the applicable Transfer Price that Cubist will incur in order to provide the Excess Quantities.
If a requirement is higher than 120% of such preceding Quarterly Forecast (“Excess Quantities”), the Parties will negotiate in good faith concerning whether Auxilium will supply such Excess Quantities.
In the event that Auxilium, despite the use of good faith efforts, is unable to supply such Excess Quantities to Ipsen, such inability to supply shall not constitute a breach of the Auxilium’s obligations under this Section 9.