Common use of Firm Orders Clause in Contracts

Firm Orders. Unless otherwise agreed in a Product Agreement, on a rolling basis during the term of this Agreement, Client will issue an updated 12 month forecast on or before the fifteenth day of each month (or, at Clients discretion, at any time from the eighth day of such month up to and including the twenty-second day of such month), which forecast will be non-binding except as set forth in this Section 5.1(b). This forecast will start on the first day of the next month. The first three months of this updated forecast will be considered binding firm orders. Concurrent with the 12 month forecast, Client will issue a new firm written order in the form of a purchase order or otherwise (“Firm Order”) by Client to purchase and, when accepted by Patheon, for Patheon to manufacture and deliver the agreed quantity of the Products. The delivery date will not be less than 90 days following the date that the Firm Order Is submitted. Firm Orders submitted to Patheon will specify Client’s purchase order number, quantities by Product type, monthly delivery schedule, and any other elements necessary to ensure the timely manufacture and shipment of the Products. The quantities of Products ordered in those written orders will be firm and binding on Client and may not be reduced by Client.

Appears in 2 contracts

Samples: Product Agreement (Jaguar Animal Health, Inc.), Master Manufacturing Services Agreement (Jaguar Animal Health, Inc.)

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Firm Orders. Unless otherwise agreed in a the Product Agreement, on a rolling basis during the term of this Agreement, Client will issue an updated 12 month forecast on or before the fifteenth day of each month (or, at Clients discretion, at any time from the eighth day of such month up to and including the twenty-second day of such month), which forecast will be non-binding except as set forth in this Section 5.1(b). This forecast will start on the first day of the next month. The first three [***] months of this updated forecast will be considered binding firm orders. Concurrent with the 12 18 month forecast, Client will issue a new firm written order for the binding portion of such forecast in the form of a purchase order or otherwise (“Firm Order”) by Client to purchase and, when accepted by Patheon, for Patheon to manufacture and deliver the agreed quantity of the Products. The delivery date Delivery Date will not be less than 90 [***] days from the first day of the month following the date that the Firm Order Is is submitted. Firm Orders submitted to Patheon will specify Client’s 's purchase order number, quantities by Product type, monthly delivery schedule, and any other elements necessary to ensure the timely manufacture and shipment of the Products. The quantities of Products ordered in those written orders will be firm and binding on Client and may not be reduced by Client.

Appears in 2 contracts

Samples: Master Manufacturing Services Agreement, Product Agreement (Recro Pharma, Inc.)

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