Procurement Quota definition
Examples of Procurement Quota in a sentence
Any requested increases to the DEA Procurement Quota, DEA Manufacturing Quota and DEA Aggregate Production Quota shall be subject to the approval of the DEA and shall be sought in accordance with DEA regulations, rules and procedures.
Notwithstanding anything to the contrary that may be set forth herein, the Parties acknowledge and agree that: (i) Mallinckrodt’s obligation to supply API to Osm Kft hereunder is subject to the availability of sufficient Manufacturing Quota; and (ii) Osm Kft’s obligation to purchase any amounts of API from Mallinckrodt hereunder is subject to the availability of sufficient Procurement Quota.
The Parties acknowledge and agree that Manufacturer’s application to the DEA for DEA Procurement Quota for each calendar year will be based on Purchaser’s Forecast for Products for distribution in the United States for such calendar year and Seller’s (and its Affiliates’) forecasts for Seller Products for distribution outside the United States for such calendar year.
In the event that Noramco accepts any Purchase Order which specifies that all or a portion of API is contingent upon receipt of Procurement Quota, the supply and purchase thereof shall be subject to Article 8.
For the sake of clarity, in no event shall Manufacturer be required to apply any portion of the DEA Procurement Quota to the manufacture of Products for Purchaser other than the Purchaser DEA Procurement Quota.
Without limiting the foregoing, Mallinckrodt shall use commercially reasonable efforts to obtain sufficient Manufacturing Quota based on the then-current Forecast provided by Osm Kft for any corresponding supply period for which Manufacturing Quota may be requested and shall reasonably cooperate with Osm Kft in obtaining sufficient Procurement Quota.
Notwithstanding anything to this contrary in this Section 3.2, the quantities set forth in the Rolling Forecast shall not exceed the Purchaser DEA Procurement Quota for the applicable calendar year.
The Parties both agree they shall at all times cooperate in good faith and use commercially reasonable efforts to obtain sufficient Manufacturing Quota and Procurement Quota.
In the event that a Party has not obtained the necessary Manufacturing Quota or Procurement Quota, as the case may be, to allow it fully to perform its obligations under this Agreement, such Party shall promptly inform the other Party in writing.
In the event Osm Kft does not obtain Procurement Quota within such mutually agreed period after the original Delivery date, then Osm Kft shall (a) have the right to cancel such Purchase Order by written notice to the other Party or (b) defer Delivery of Products under such Purchase Order until such time as sufficient Procurement Quota is available.