Common use of Binding Orders Clause in Contracts

Binding Orders. The forecast for Period 2 of each Rolling Forecast (i.e., the Binding Period) shall constitute a Binding Order and shall be subject to the following limitations: i. “Minimum Binding Order” shall be for [**] Batches. ii. If Sponsor has not received [**] (“2015 Lack of Approval Event”), Sponsor (i) will purchase all [**] and (ii) all [**] will no longer be in effect as of such date. The Parties will use [**]. iii. Each of the following events constitute a “Frustration of Purpose Event”: (A) [**] (B) [**] (C) [**] If a Frustration of Purpose Event occurs, Sponsor shall purchase [**]. Otherwise, all current and future [**], provided, however that such requirements shall [**]. In addition, with respect to a Frustration of Purpose Event described in Section 2(c)(iii)(A) or (B), the Parties will [**] the system of forecasting and ordering (including any applicable [**] unless otherwise agreed by the Parties. iv. “Maximum Binding Order” shall be for [**]. v. Total number of Batches ordered within [**] (“[**]”).

Appears in 1 contract

Sources: Commercial Supply Agreement

Binding Orders. The forecast for Period 2 of each Rolling Forecast (i.e., the Binding Period) shall constitute a Binding Order and shall be subject to the following limitations: i. “Minimum Binding Order” shall be for [**] Batches. ii. If Sponsor has not received [**] (“2015 Lack of Approval Event”), Sponsor (i) will purchase all [**] and (ii) all [**] will no longer be in effect as of such date. The Parties will use [**]. iii. Each of the following events constitute a “Frustration of Purpose Event”: (A) [**] (B) [**] (C) [**] If a Frustration of Purpose Event occurs, Sponsor shall purchase [**]. Otherwise, all current and future [**], provided, however that such requirements shall [**]. In addition, with respect to a Frustration of Purpose Event described in Section 2(c)(iii)(A) or (B), the Parties will [**] the system of forecasting and ordering (including any applicable [**] unless otherwise agreed by the Parties. iv. “Maximum Binding Order” shall be for [**]. v. Total number of Batches ordered within [**] (“[**]”).

Appears in 1 contract

Sources: Commercial Supply Agreement (Synageva Biopharma Corp)