Orders and Shipments. During the term of this Agreement, Molecular Insight Pharmaceuticals will forward orders to Nordion at its Kanata, Ontario facility by facsimile. Each order will set forth the quantity to be produced and shipped, the identity of the recipient, delivery destination protocol number, IND number, applicable USNRC materials license number and IRS number. Delivery of BMIPP to Molecular Insight Pharmaceuticals or as otherwise directed by Molecular Insight Pharmaceuticals shall be FOB transport vehicle at Nordion's facility in Vancouver, British Columbia. Risk of loss of BMIPP shall pass to Molecular Insight Pharmaceuticals at point of delivery. During the term of this Agreement Nordion shall use commercially reasonable best efforts to meet Molecular Insight Pharmaceuticals' orders and delivery requirements. Prior to the first shipment of BMIPP to any third party site, Molecular Insight Pharmaceuticals shall obtain from such third party and provide to Nordion such third party's license evidencing proper legal authority for the receipt and possession of the BMIPP by such third party. Molecular Insight Pharmaceuticals shall obtain all approvals, licenses and permits required to import BMIPP into the United States. Nordion shall make shipping arrangements with AirNet Express or such other carrier designated by Nordion and reasonably approved by Molecular Insight Pharmaceuticals. All shipping costs incurred to deliver BMIPP shall be borne by Molecular Insight Pharmaceuticals. Molecular Insight Pharmaceuticals shall be entitled to cancel any Batch ordered from Nordion by providing to Nordion at least two (2) business days written notice of cancellation prior to the later of commencement of production or the scheduled production date. The failure to give notice hereunder shall result in Molecular Insight Pharmaceuticals being required to pay the full purchase price of such Batch to Nordion. All orders for BMIPP shall be forwarded by Molecular Insight Pharmaceuticals and received by Nordion by the Friday Noon (Eastern time) prior to the week in which BMIPP is to be manufactured.
Orders and Shipments. 11.1 During the term of this Agreement, MIPI or MIPI’s licensee will forward orders to EZN by facsimile (or other suitable means) at least ten (10) Business Days in advance of intended shipment. This lead time might be shorter in case of Kit orders only or might be longer in case of intended delivery of Set and/or Final Product outside the EU. Orders shall include at least the required quantities, identity of the recipient, requested delivery dates and destination. Delivery as directed by MIPI or MIPI’s licensee shall be ex-Works EZN’s facility in Braunschweig, Germany. Risk and title for the Set and/or Final Product shall pass to MIPI or MIPI’s licensee at point of delivery to the respective carrier.
Orders and Shipments. 3.1 Each order placed by Reseller shall clearly describe the quantity and type of Products required, and shall include all necessary instructions for packaging, invoicing and shipping. The orders shall not be binding unless and until they are accepted by Identica who shall be required to provide written notice to Reseller of its acceptance or rejection of any order within ten (10) days of receipt of such order. Identica will make its best efforts to accept all orders submitted by Reseller.
Orders and Shipments. 3.1 In placing orders with Manufacturer, Distributor shall clearly describe the Products and quantity required, and shall include precise instructions for packaging, invoicing and shipping. The orders shall not be binding unless and until they are accepted by Manufacturer in its discretion. Within ten (10 days of receipt of each order issued by Distributor, Manufacturer shall accept or reject such order in writing. Manufacturer agrees to make its best efforts to accept and fill all orders as submitted by Distributor.
Orders and Shipments a) A confirmation from Mitek to the Distributor will constitute acceptance of the order.
Orders and Shipments. A. Each of Dealer's orders is subject to Kenwood's acceptance. In addition to any specific rights of rejection set forth in this Agreement, Kenwood shall have the right, for any reason whatsoever, to reject any order, in whole or in part.
Orders and Shipments. 3.1 In placing orders with Manufacturer, Distributor shall clearly describe the Products and quantity required, and shall include precise instructions for packaging, invoicing and shipping. The orders shall not be binding unless and until they are accepted by Manufacturer in its discretion. Within ten (10) days of receipt of each order issued by Distributor, Manufacturer shall accept or reject such order in writing. Manufacturer agrees to supply Distributor with the Products to fulfill the orders for the minimum supply requirement as set forth in Article 5.2 hereof, if Distributor orders Products in excess of minimum purchase requirement as set forth in Article 5.1 hereof. Manufacturer agrees to make its best efforts to accept all orders as submitted by Distributor in excess of such orders for the minimum supply requirement.
Orders and Shipments. 5.1. Within ninety (90) days of the date hereof, and at least ninety (90) days prior to the commencement of each calendar year during the term of this Agreement, BIOPHARM will furnish ABI with its projected requirements for Licensed Product during the next succeeding calendar year. BIOPHARM may amend its projected requirements from time-to-time, provided, however, that ABI shall be obligated only to make its best effort to comply with any requests in excess of annual projections received by it at least ninety (90) days prior to the commencement of the calendar year in question. Under no circumstances shall ABI be required to deliver to BIOPHARM hereunder, an amount of Licensed Product which exceeds the amount ABI is able, in good faith, to acquire from HBL, or from HBL's contract manufacturers. The exact composition of Licensed Product shall be disclosed in writing by ABI to BIOPHARM. Subject to the foregoing, ABI shall use its best efforts to deliver Licensed Product in accordance with BIOPHARM's projected requirements and product specifications.
Orders and Shipments. Navidea will forward orders to Nordion’s Customer Service team at its Ottawa, Ontario facility, and Nordion shall promptly acknowledge receipt of every order, by facsimile, email or such other method as agreed by the parties in writing. Each order will reference this Agreement and set forth the quantity of [123I]NAV5001 to be produced and prepared for shipment, the identity of the recipients, delivery destination protocol numbers, IND/NDA number, applicable USNRC materials license number and IRS number. Delivery of [123I]NAV5001 to Navidea or as otherwise directed by Navidea shall be FCA (Incoterms 2010) at the Facility. Risk of loss of [123I]NAV5001 shall pass to Navidea at the point of shipment FCA (Incoterms 2010) Nordion’s Facility. The standard terms and conditions on the reverse side or attached to Navidea’s purchase orders shall not apply and shall be deemed objected to by Nordion, and of no application. Nordion shall use Commercially Reasonable Efforts to meet Navidea’s orders and delivery requirements. Prior to the first shipment of [123I]NAV5001 to any third party site, Navidea shall obtain from such third party and provide to Nordion such third party’s license evidencing proper legal authority for the receipt and possession of [123I]NAV5001 by such third party. Nordion shall be responsible for compliance with all export formalities necessary for, and the payment of all export duties, taxes and other charges payable upon, the export of [123I]NAV5001 from Canada, including obtaining at its risk and expense any export license or other official authorization or other documents necessary therefor. Navidea shall be responsible for compliance with all import formalities necessary for, and the payment of all import duties, taxes and other charges payable upon, the importation of [123I]NAV5001 into the United States, including obtaining at its risk and expense any import license or other official authorization or other documents necessary therefor. Nordion shall make shipping arrangements and will coordinate with FedEx or such other carrier designated by Nordion and reasonably approved by Navidea. All [123I]NAV5001 shipping costs incurred from the FCA (Incoterms 2010) point of delivery shall be borne by Navidea. Confidential Treatment – Asterisked material has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.
Orders and Shipments. A. Each of the Distributor’s orders is subject to RK’s acceptance or rejection at RK’s home office. In addition to any specific rights of rejection set forth in this Agreement, RK shall have the right to reject any order, in whole or in part, unless the order complies with the Marketing and Sales Plan.
