Purchase and Sale of Products. Xxxx agrees to purchase and receive from the Company, and the Company agrees to sell and deliver to Xxxx, the entire Products output of the Refinery from and including the Commencement Date through the end of the Term of this Agreement, at the prices determined pursuant to this Agreement and otherwise in accordance with the terms and conditions of this Agreement.
Purchase and Sale of Products. If Commercial Production commences, Enova agrees to sell and Purchaser agrees to purchase Panther Drive Systems pursuant to the terms, conditions and provisions of this Agreement.
Purchase and Sale of Products. Subject to the terms and conditions of this Agreement, during the Term, BluBØX agrees to sell and/or license to Reseller the Products ordered by Reseller pursuant to Order Forms or Purchase Orders accepted by BluBØX in accordance with Section 3 below. This Agreement is neither a requirements nor an output contract.
Purchase and Sale of Products. Project Company shall sell and deliver and MAEM shall purchase, pay for and receive, or cause to be received, at the Delivery Point, all Products produced by the Generating Station. The purchase price payable to Project Company for any Product purchased or sold hereunder shall be the amount actually received by MAEM from a third party for such Product. For purposes of the foregoing sentence, MAEM shall be deemed to supply the Transition Power Agreements from the PJM market and shall not be deemed to supply Transition Power Agreements from Project Company’s
Purchase and Sale of Products. CBA agrees to sell to ABI, and ABI agrees to purchase from CBA and re-sell to the Alliance Wholesalers, the quantities of Products ordered by ABI from time to time hereunder. CBA acknowledges that ABI is not guaranteeing any level of Product sales; and that ABI’s obligations under this Agreement are limited to making the Products available to the Alliance Wholesalers, it being understood that CBA assumes full responsibility for creating demand for the Products. Except for Product shipped directly by CBA as set forth in Section 11.07, (i) all purchases of Product by ABI from CBA shall be on an F.O.B. ABI Distribution Facility, freight prepaid basis, and (ii) CBA shall ship Products to be delivered to an Alliance Wholesaler to the ABI Distribution Facility designated from time to time by ABI for such Alliance Wholesaler.
Purchase and Sale of Products. Buyer agrees to purchase from Seller and Seller agrees to supply Buyer with the products described on Exhibit A (“Products”) from Seller’s locations identified in Exhibit A (“Locations”) to Buyer’s location in Cleveland Ohio. For the avoidance of doubt, Buyer is not obligated to order Products and Buyer has no volume commitment for Products. Products will be sold in the form of plate, extrusions or cast billet, and shall meet the specifications and requirements set forth in Exhibit B or the ordinary and customary revisions applicable to the specifications and requirements that exist as of the issuance of the Order (“Specifications”).
Purchase and Sale of Products. 2(a) In accordance with the terms and conditions of this Agreement, Sherwood-D&G shall manufacture and sell the Products to Customer, and Customer shall purchase the Products from Sherwood-D&G. 2(b) Sherwood-D&G shall maintain Sufficient Production Capacity at all times during the term of this Agreement. Upon receipt of written purchase orders from Customer using Customer's standard form of purchase Order, Sherwood-D&G shall manufacture and deliver Component Sets and Plungers in accordance with such written purchase orders, provided, however, notwithstanding anything to the contrary herein, Sherwood-D&G shall only be obligated to manufacture and deliver an average of four million one hundred sixty-six thousand six hundred sixty-seven (4,166,667) Component Sets and the quantity of acceptable Plungers that it has the capacity and capability to manufacture, as set forth in Section 2(c) hereof, each month against such purchase orders during the term of this Agreement. Sherwood-D&G shall keep Customer informed of its capacity and capability to manufacture acceptable Plungers. Nothing contained herein shall require Customer to order any minimum quantity of Products at any time during the term of this Agreement.
Purchase and Sale of Products. Pursuant to the terms and conditions of this Agreement and for the duration of this Agreement, Manufacturer shall manufacture, sell and deliver to Company all Product ordered by Company, and Company shall purchase and take delivery from Manufacturer Product ordered by Company in Firm Purchase Orders. Company shall have the right at all times to obtain Products from one or more second sources.
Purchase and Sale of Products. A. The Distributor will purchase the Products ready packaged only from:
Purchase and Sale of Products. (a) Beginning no more than 3 months after regulatory approval to market Collaboration Product anywhere, Seller shall supply Buyer (or Affiliates or sublicensees or distributors designated by Buyer) with those quantities of Collaboration Products as ordered by Buyer (or Affiliates or sublicensees or distributors designated by Buyer) pursuant to this Agreement and Buyer shall order from Seller no less than 100% of Buyer's needs (or the needs of Buyer's Affiliates or sublicensees or distributors) from Seller in the Supply Territory for time[ ] from the Date of First Sale anywhere. The Products will conform to the specifications (which specifications may include standard operating procedures for product production and quality acceptance procedures) set forth by the Seller (and approved by Buyer) for its own goods (the "Product Specifications"). Once Product Specifications are established, any changes, modifications or revisions, including such to process facilities, raw materials and suppliers, must be approved by Buyer and Seller, which approval will not be unreasonably withheld. Buyer may elect, upon 90 days written notice to Seller, to perform itself or have performed certain processes relating to the Collaboration Product, such as filling, packaging or sterilization. Sellers requirements of active Peptidal rHuEPO to supply Buyer will be supplied to Seller at no cost to Seller, except that risk of loss of active Peptidal rHuEPO shall be borne by Buyer and Seller according to the terms of Paragraph 5(a) below. Such active will conform to specifications set forth in the current PLA/ELA for active as produced by Buyer, or the specifications set forth in the PLA/ELA for active as produced by Buyer's licensor for active, and necessary to permit its formulation into Collaboration Product and Buyer will provide a certificate of analysis confirming conformity to specifications. During the above period of two years from the Date of First Sale anywhere, if Seller is unable to supply 100% of the requirements of Collaboration Product hereunder for a period exceeding 2 months from the date on which Buyer is otherwise entitled to such supply, then Buyer is free, regardless of Section 2(a) otherwise, to manufacture Collaboration Product or have a Third Party manufacture Collaboration Product from that point forward and thereby supply up to 100% of Buyer's needs for Collaboration Product regardless of whether such failure to supply is a breach of this Agreement by Seller, ...
