Purchase Orders. [[OUTSET:Organization]] may place Purchase Orders in a form to be agreed (each a “Purchase Order”) on a monthly basis. In the event of any conflict between a Purchase Order and the terms and conditions of this Agreement, the terms and conditions of this Agreement shall control. Any additional or conflicting terms noted on the Purchase Order are void and will only be binding when those terms have been previously agreed to in writing by both Parties. Terms contained in an order acknowledgement, invoice, or Supplier unilateral document that are in addition to or different from the terms and conditions of this Agreement are void. [[OUTSET:Organization]] may place longer term Purchase Orders at its discretion. Delivery dates may be amended (as to quantity or delivery date) at any time before prior to the scheduled delivery date and may only be reschedule out a maximum of from the original delivery date unless agreed to in writing by both Parties. Supplier’s failure to confirm or reject any order with a separate, written acceptance or rejection within days after receipt of such Purchase Order shall be deemed acceptance of such Purchase Order.
From time to time as provided in this Clause 4.3(A), Client shall submit to Catalent a binding, non-cancelable purchase order for Product specifying the number of Batches to be Processed, the Batch size (to the extent the Specifications permit Batches of different sizes) and the requested delivery date for each Batch (“Purchase Order”); provided, that no Purchase Order may be for less than one (1) Batch. Concurrently with the submission of each Rolling Forecast, Client shall submit a Purchase Order for the Firm Commitment. Purchase Orders for quantities of Product in excess of the Firm Commitment shall be submitted by Client at least in advance of the delivery date requested in the Purchase Order.
Purchase Orders. Concurrent with its delivery of each forecast pursuant to [Section 5.1], Acorda shall issue a written purchase order (“Purchase Order”) for Manufacturer to manufacture and deliver the volume of Supplied Product, if any, set forth in the of the forecast that has not already been the subject of a Purchase Order. Purchase Orders submitted to Manufacturer shall specify Acorda’s purchase order number, the volume of Supplied Product, applicable delivery dates (which shall be no earlier than following the date on which the Purchase Order is submitted), and any other elements necessary to ensure the timely Manufacture and shipment of the ordered Supplied Product. Purchase Orders may be entered into under this Agreement by Acorda or, with the consent of Acorda, any of its Affiliates, licensees, or collaboration partners. The entity that executes a Purchase Order with Manufacturer shall be considered “Acorda” for all purposes of the Purchase Order and this Agreement and the Purchase Order shall be considered a two party agreement between Manufacturer and such entity. For clarity, Purchase Orders for Supplied Product executed by an Affiliate, licensee, or collaboration partner of Acorda shall contribute to Minimum Commitments, if any, and pricing tiers, if any, set forth under this Agreement. Acorda shall remain liable to Manufacturer for the Purchase Orders placed by such entity as if such entity were Acorda. Promptly following receipt of a Purchase Order, Manufacturer shall issue a written acknowledgement (each, an “Acknowledgement”) that it accepts or rejects such Purchase Order. Manufacturer shall accept any Purchase Order up and until the Capacity Reservation for the applicable Year has been exhausted (including accepting the Purchase Order partially). Each acceptance Acknowledgement shall either confirm the delivery date set forth in the Purchase Order or propose to Acorda a reasonable alternative delivery date, which shall apply if Acorda consents to such alternative delivery date, not to be unreasonably withheld. Manufacturer will use commercially reasonable efforts to accept any Purchase Order in excess of the Firm Commitment or the Capacity Reservation.
From time to time as provided in this [Section 4.3(A)], Client shall submit to Catalent a binding, non-cancelable purchase order for Product specifying the number of Batches to be Processed, the Batch size (to the extent the Specifications permit Batches of different sizes) and the requested delivery date for each Batch (“Purchase Order”). Concurrently with the submission of each Rolling Forecast, Client shall submit a Purchase Order for the Firm Commitment. Purchase Orders for quantities of Product in excess of the Firm Commitment shall be submitted by Client at least in advance of the delivery date requested in the Purchase Order.
Purchase Orders. For each Clinical Product or Commercial Product, Client shall notify SBL in a binding purchase order specifying a specific amount of Product to be Manufactured (a “Purchase Order”) in accordance with a procedure to be agreed upon in the applicable PSA. The terms and conditions of this MSA shall control over any conflicting terms and conditions stated in any Purchase Order, acceptance or other communication or documents submitted or issued relating to this MSA.
Purchase Orders. Customer shall place purchase orders binding on Customer for the number of Batches it wishes to order at least months (or earlier as may be ) prior to the Commencement Date for such Batches in accordance with [[Lonza:Organization]]’s most recent response to the Forecast. Each binding purchase order shall be signed by Customer and shall authorize [[Lonza:Organization]] to manufacture such Batches of the Product as are set forth therein. [[Lonza:Organization]] shall not be obligated to commence manufacture of any Batch unless and until such written purchase order is accepted in writing by [[Lonza:Organization]]. Any delivery date set forth in [[Lonza:Organization]]’s written confirmation of a purchase order shall be an estimated delivery date only. All ordered Batches shall be scheduled in a single Campaign in each calendar year unless otherwise agreed by [[Lonza:Organization]]. Any additional or inconsistent terms or conditions of any Customer purchase order, acknowledgement or similar standardized form given or received pursuant to this Agreement shall have no effect and such terms and conditions are hereby rejected.
Purchase Orders. Customer shall place purchase orders binding on Customer for the number of Batches it wishes to order at least months (or earlier as may be ) prior to the Commencement Date for such Batches in accordance with [[Lonza:Organization]]’s most recent response to the Forecast. Each binding purchase order shall be signed by Customer and shall authorize [[Lonza:Organization]] to manufacture such Batches of the Product as are set forth therein. [[Lonza:Organization]] shall not be obligated to commence manufacture of any Batch unless and until such written purchase order is accepted in writing by [[Lonza:Organization]]. Any delivery date set forth in [[Lonza:Organization]]’s written confirmation of a purchase order shall be an estimated delivery date only. All ordered Batches shall be scheduled in a single Campaign in each calendar year unless otherwise agreed by [[Lonza:Organization]]. Any additional or inconsistent terms or conditions of any Customer purchase order, acknowledgement or similar standardized form given or received pursuant to this Agreement shall have no effect and such terms and conditions are hereby rejected.
Purchase Orders. Purchaser shall deliver to FIS an initial purchase order for the aggregate volume of API in Firm Zone. Thereafter with the release of each Quarterly Forecast, Purchaser shall deliver [……] for each subsequent [……] period which becomes the new Firm Zone (each a “Purchase Order”). Each such aggregate API volume shall constitute an amount equal to a multiple of FIS’s standard batch size for the applicable API (as specified in [Schedule 2.3]), which such amount shall be at least [……] batches for the year 2019, and at least [……] batches for the years 2020 and 2021. Each Purchase Order shall specify the volume of each API ordered, which shall be comprised of volumes equivalent to FIS’s standard batch size for applicable API (as specified in [Schedule 2.3]) or multiples thereof, and the Delivery Date the API is to be made available to Purchaser for pick-up by the carrier or freight forwarder. Acceptance of any Purchase Order which does not represent a full batch size for the relevant API (or multiple thereof) will be subject to FIS’s sole discretion. Purchase Orders may be delivered electronically or by other means to such location as FIS shall designate. Each Purchase Order that is submitted, or deemed submitted, in accordance with this Section 2.3 shall be accepted or rejected by FIS within [……] Business Days. If FIS does not accept or reject any Purchase Order within [……] Business Days, such Purchase Order shall be deemed accepted. If FIS rejects any Purchase Order, Purchaser shall have the right to modify such Purchase Order within [……] Business Days, and FIS shall have [……] Business Days to accept or reject such modified Purchase Order. If FIS deosn’t accept or reject such modified Purchase Order within [……] Business Days, then such modified Purchase Order shall be deemed accepted.
Purchase Orders. Each Purchase Order shall specify the delivery date(s), shipping instructions, delivery location(s) and amount of API to be delivered in accordance with reasonable delivery schedules and lead times as may be agreed upon from time to time by the Parties. No terms or conditions of contained in any Purchase Order, order acknowledgement or similar standardized form given or received pursuant to this Agreement shall be construed to amend or modify the terms of this Agreement and, in the event of any conflict, this Agreement shall control, unless the Parties otherwise expressly agree in writing.
Purchase Orders. Buyer shall submit binding orders for the Products to NuSil # in year one no less than days prior, and # starting in year two to end of term, days prior to the specified required date of delivery of the Products in a form agreed to
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