Amendment to Supply Agreement Sample Clauses

Amendment to Supply Agreement. THIS AMENDMENT to the SUPPLY AGREEMENT dated June 25, 2008 (this “Amendment”) is made effective as of the date of the last signature on the Agreement (“Effective Date”), by and between TomoTherapy Incorporated, a Wisconsin corporation with its principal address at 0000 Xxxxxx Xxx, Madison, WI 53717, USA (“TomoTherapy”), and Hitachi Medical Corporation, a Japanese corporation with its principal address at 0-00-0 Xxxx-Xxxxx, Chiyoda-ku, Tokyo 101-0021, Japan (“Hitachi”).

Amendment to Supply Agreement. Section 1.1 of the Loan Agreement is hereby amended by amending the following definition contained therein to read in its entirety as follows:

Amendment to Supply Agreement. (a) Section 1(d) of the Supply Agreement is amended by adding the following new paragraphs after the last sentence: “Subject to Seller’s continuing ability to meet the agreed to delivery, quality, and technical requirements and notwithstanding any conflicting provision of this Agreement or the GEE Purchase Terms, in calendar year 2013 only, Buyer shall purchase from Seller, and Seller shall be obligated to sell to Buyer, [...***...] sets of Components (or [...***...] wind turbine blades) specified in Buyer’s [...***...] (“2013 Component Orders”) through one or more firm, non-cancellable POs placed with Seller on or before January 10, 2013. At Buyer’s option, it may place additional orders for another [...***...] sets of Components (or [...***...] wind turbine blades) specified in Buyer’s [...***...] (“2013 [...***...] Set Option”) as long as firm, non-cancellable POs for such Components are received by Seller by no later than March 31, 2013. Any further Orders for 2013 beyond the [...***...] Component sets contemplated herein will be negotiated between Buyer and Seller in good faith on a case-by-case basis. The pricing for all such 2013 Component Orders, as well as the 2013 [...***...] Set Option shall be [...***...] RMB, plus VAT, when applicable, as set forth on Appendix 2. Once placed by Buyer and accepted by Seller, all POs for 2013 Component Orders, as well as the 2013 [...***...] Set Option, shall be firm and non-cancellable. For the avoidance of doubt, the parties agree and hereby acknowledge that the required purchase commitments set forth in Sections 1(b) through 1(d), insofar as they relate to Buyer’s obligation to place October Orders, to provide a Volume Guarantee Period, or to purchase a [...***...] of Planned Capacity, shall no longer be in effect for Components produced after production year 2012 and that the terms for 2013 Component Orders and, if applicable, the 2013 [...***...] Set Option as set forth above shall govern any such Orders placed for Components produced in 2013. (b) Section 1(e) of the Supply Agreement is amended by deleting the current text in its entirety and replacing it with the following: “Except as provided in Section 10(b) below, during the term of this Agreement, Seller shall not enter into any contracts that materially interfere or disrupt the 2013 Component Orders or the 2013 [...***...] Set Option as set forth above.” (c) Sections 2(b) through 2(c) of the Supply Agreement are amended by deleting the current text in...

Amendment to Supply Agreement. (A) Section 1 of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following new Section 1:

Amendment to Supply Agreement. 1. Upon entry of an order of the Court approving the Stipulation, the Supply Agreement will be deemed and shall be amended to delete any provision that limits or affects the right of Phar-Mor to reduce the number of its operating retail stores below one hundred and thirty (130) in number or would otherwise provide for a breach of the Supply Agreement as a result of such reduction. Section 6.B.(iv) of the Supply Agreement is hereby amended to allow Phar-Mor to reduce the number of its operating retail stores to one-hundred (100) in number (or such lower number as the parties may agree) without default or penalty.

Amendment to Supply Agreement. No later than [**] after (a) the FDA has granted Regulatory Approval for a Licensed Product in the DD-CKD Indication in the Territory, and (b) the earlier of a determination by CMS that such Licensed Product (i) is to be reimbursed using the TDAPA or (ii) is included as part of the ESRD PPS Bundled Payment System, Licensee and FKC will amend the Licensee-FKC Supply Agreement to finalize such agreement in order to satisfy all requirements of Section 5.2 (Terms of the Licensee-FKC Supply Agreement). If Licensee and FKC do not enter into an amendment of such Licensee-FKC Supply Agreement during such [**] period, then Akebia may terminate this Agreement pursuant to Section 16.6 (Termination by Akebia for Failure to Amend the Licensee-FKC Supply Agreement). Licensee will provide notice to Akebia that the amendments described herein have been executed and delivered by the parties thereto no later than [**] after entering into such amendments.

Amendment to Supply Agreement. The Supply Agreement is hereby amended by deleting therefrom the "45

Amendment to Supply Agreement. Each of Parent and the Company hereby agrees, on behalf of themselves and their respective subsidiaries, that that certain Addendum to the Master Purchase Agreements, dated as of July 8, 2019, by and between (i) Parent and Cisco Systems International B.V., a Netherlands corporation and wholly owned subsidiary of Parent, and (ii) the Company and Acacia Communications (Ireland) Limited, a Subsidiary of the Company, is hereby amended, effective as of the Agreement Date, to remove Section 7 thereof, which section shall have no further effect.

Amendment to Supply Agreement. (A) Section 1 of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following new Section 1: 1. Buyer Purchases (a) This Agreement provides for the manufacturing, sale and delivery by Seller and the purchase by Buyer or any of its “Affiliates’’ (as defined herein) of those goods (“Components”) specified in Appendix 1 during the Term (as defined herein) of this Agreement at the prices agreed to in this Agreement. “Affiliate” with respect to Buyer and Seller means any entity, including without limitation, any individual, corporation, company, partnership, limited liability company or group, that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with Buyer or Seller, as applicable. All purchases under this Agreement are subject to issuance of firm purchase orders (“POs” or “Orders”) by Buyer pursuant to the GE RENEWABLE ENERGY STANDARD TERMS REV A (the “XXXXX Purchase Terms”), which are attached to this Agreement as Appendix 2 and incorporated herein by reference, and any agreed updates, changes and modifications to the same which have been executed by written amendment signed by the parties. All POs, acceptances and other writings or electronic communications between the parties shall be governed by this Agreement. In case of conflict, the following order of precedence shall prevail: a) this Agreement; b) the Attachments to this Agreement; c) individual POs; and d) drawings, specifications and related documents specifically incorporated herein by reference.