Volume Requirements. The price contained on Exhibit A for any specific Product shall be contingent on Buyer ordering the category volume minimum for the applicable Product category set forth on Exhibit A. During the Term, Supplier shall reserve for Buyer capacity equal to the category volume minimum for each Product category as set forth on Exhibit A. The maximum annual Product category capacity that Supplier shall be required to reserve for Buyer shall be the category volume maximum for each Product category set forth on Exhibit A.
Volume Requirements. With respect to each calendar year during the Initial Term, Supplier shall make available to Bayer from its Clayton, North Carolina facility, and Bayer may purchase, that number of kilograms of PPF set forth in Exhibit A, attached hereto and incorporated herein by reference (which conform to the Specifications (as defined in Section 3.1 below)) (as adjusted herein, “Required Quantity”). Upon providing a notice of renewal for an Extended Term in accordance with Article 1, Bayer shall amend Exhibit A to set forth the number of kilograms of PPF that Supplier shall make available to Bayer and that Bayer will purchase from Supplier during such Extended Term; provided that any such number of kilograms cannot exceed one hundred twenty percent (120%) of that number of kilograms shown on Exhibit A then in effect on the date the notice of renewal is provided. Subject to the other provisions contained herein, including, without limitation, Section 2.2 below, in each calendar year during the Term of this Agreement, Bayer may in its sole discretion request, and Supplier shall supply, a minimum of seventy-five percent (75%) of the Required Quantity and a maximum of one hundred fifteen percent (115%) of the Required Quantity (each, as determined after deducting quantities representing Nonconforming Product (as defined in Section 7.1 below)). Subject to the foregoing, on or prior to October 1 of each calendar year, the Required Quantity applicable for the immediately following calendar year shall be reviewed and may be revised by mutual agreement of the Parties.
Volume Requirements. Exhibit B of the Original Agreement is hereby amended and replaced in its entirety with Exhibit A attached hereto, with the amounts reflected thereon to be the “Required Amount” for each Distributor for the Extended Term; provided however, that in the event that Talecris terminates a Distributor prior to March 31, 2007 that Distributor shall have no obligation to purchase its Required Amount of Product for the period from the end of the Distributor Extended Term to March 31, 2007, calculated by multiplying such Required Amount by a fraction, the numerator of which is the number of months remaining in the Term after termination and the denominator of which is twelve (12).
Volume Requirements. With respect to each calendar year during the Initial Term, Bayer shall make available to Purchaser, and Purchaser may purchase from Bayer, Column Eluate and ATIII in the quantities set forth in Exhibit A, attached hereto and incorporated herein by reference (which conform to the Product Specifications (as defined in Section 2.2 below)) (as adjusted herein, the “Column Eluate Required Quantity” and the “ATIII Required Quantity”, respectively, and collectively, the “Required Quantity”). Upon providing a notice of renewal for the Extended Term in accordance with Article 1, Purchaser shall amend Exhibit A to set forth the amount of Products that Bayer shall make available to Purchaser and that Purchaser may purchase from Bayer during the Extended Term; provided that, the Column Eluate Required Quantity cannot exceed one hundred twenty percent (120%) of that amount shown on Exhibit A then in effect on the date the notice of renewal is provided and the ATIII Required Quantity cannot exceed that amount set forth on Exhibit A in effect as of the Effective Date. Subject to the other provisions contained herein, including without limitation, Section 2.4 below, in each. calendar year during the Term of this Agreement, Purchaser may request in its sole discretion, and Bayer shall supply, (a) a minimum of seventy-five percent (75%) of the Column Eluate Required Quantity and a maximum of one hundred fifteen percent (115%) of the Column Eluate Required Quantity; and (b) a maximum of [***] vials of ATIII (each as determined after deducting quantities representing Nonconforming Product (as defined in Section 6.1 below)). Subject to the foregoing, on or prior to October 1 of each calendar year, the Required Quantity applicable for the immediately following calendar year shall be reviewed and may be revised by mutual agreement of the Parties. For each calendar year during the Term, Purchaser shall make available to Bayer that quantity of Inputs meeting the Input Specifications (each as defined in Section 2.3 below) necessary for Bayer-to manufacture each Binding Production Forecast as set forth .in Section 2.4 (“Required Inputs”). In the event that Purchaser provides less than one hundred percent (100%) of the Required Inputs, then the Binding Production Forecast shall be adjusted to reflect the supply of Inputs provided by Purchaser to Bayer. Notwithstanding the foregoing, in no event shall Purchaser provide in each calendar year of the Term (other than the Final Term) (a)...
Volume Requirements. (a) The VIP Schedule set forth in this Master Incentive Contract does not cancel or supersede any volume commitments in paragraph 2(c) of the Branded Jobber Contract and Attachment A-1 and Attachment A to the Branded Jobber Contract.
Volume Requirements. With respect to each twelve (12) month period during the Term, effective with issuance of the initial forecast described in Section 2.2, Talecris shall make available to Customer, and Customer shall purchase, the volumes of Cryo set forth in EXHIBIT A, attached hereto (the "REQUIRED
Volume Requirements. (i) During the Initial Term, the Releasor agrees to make available to the Distributors up to one hundred percent (100%) of each Product specified for that Distributor by country in Exhibit B and each of the Distributors shall purchase from the Releasor at least seventy five percent (75%) of the amounts of each Product set forth for each country in Exhibit B (the “Required Amount”). The requirements to supply and to purchase Required Amounts shall be subject to modification based upon the following: (a) for Prolastin, once volumes are committed by a Distributor and confirmed by Newco based on a reasonable anticipated patient count, Newco, the Releasor and the applicable Distributor shall use commercially reasonable efforts to maintain such commitment; (b) for IGIV, Newco’s obligation to make available the Required Amount to a Distributor is contingent upon that Distributor’s continuing ability to sell IGIV [***]; and (c) for prospective sales based on tender offers or upon bids when a Distributor presents its prospective proposal to Newco and Newco agrees to the price level and volume target Newco will be obligated to provide Product at such price and volume.
Volume Requirements. In order for VIVRA to continue to receive the pricing terms contained in paragraph 2 above, effective no later than three months from the Commencement Date VIVRA shall order and purchase from SUPPLIER an amount of products equal to not less than $********** of product per month based on the pricing terms set forth in this Agreement. If VIVRA does not reach this monthly minimum for **********, SUPPLIER reserves the right to adjust upward the pricing contained in paragraph 2 above. If, solely due to SUPPLIER's fault, SUPPLIER is unable to provide Epogen to VIVRA for five or more consecutive business days, the monthly minimum stated above will be reduced by the dollar amount of Epogen orders transmitted to, received and unfilled by SUPPLIER during the period of time SUPPLIER is unable to provide Epogen.
Volume Requirements. TimberWest may, for bona fide business reasons, make less than the Option Volume requested by Catalyst available in any year subject to the following:
Volume Requirements. The prices contained in Exhibit B (or any written notice provided to Customer pursuant to Section 9) for any Product is contingent on Customer ordering the Annual Volume Commitment and each Unique Product Volume limit set forth on Exhibit B. During the Term, Supplier shall reserve for Customer capacity required to produce the quantities set forth on Exhibit B on or before the designated manufacture and delivery date set forth on Exhibit B. In the aggregate, the maximum annual capacity Supplier shall be required to reserve for Customer shall be equal to the Annual Volume Commitment set forth on Exhibit B. The maximum annual capacity Supplier shall be required to reserve for Customer for each individual Product shall be equal to the Unique Product Volume set forth on Exhibit B.
