Backorders. A. Backorders are defined as orders that have not been fully received at the Buyer within the guaranteed order lead time. B. Backorders must show an approximate shipping date and indicate the reason for such backorder. C. The Seller is required to provide any backorders without service or delivery charges. D. It is the responsibility of the Seller to manage backorders and provide the Buyer, at no additional cost, with required product to ensure stock-outs do not occur. E. The Seller will be in default if the Product is backordered for more than ten (10) working days, or if the Buyer feels that the approximate shipping date provided by the Seller for the backordered Product(s) jeapordizes the Buyer's commercial operations and the operation of its Customers. (i) In case of default, and after notifying the Seller, Buyer may obtain the same quantity of the Product from other suppliers. (ii) The Seller will be responsible, for the cost difference between the Product and the Product from other suppliers.
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Sources: Supply Agreement (Sequenom Inc), Supply Agreement (Sequenom Inc)