CHANGES IN PURCHASE ORDERS. Celera may increase the quantity, or request an earlier delivery date, of a Product ordered over the quantity and delivery date specified in its firm purchase order for such Product and AB will use commercially reasonable efforts to fill such orders provided that the timing of the increased order falls within the agreed upon lead time for such Product and taking into consideration AB’s obligations to its other customers with respect to such Product. In no event is AB obligated, nor will it be a breach of this Agreement if AB is unable, to fill an order which is more than 125% in excess of the quantity specified in its firm purchase order or to deliver such order earlier than originally agreed to.
Appears in 2 contracts
Sources: Master Purchase Agreement (Celera CORP), Master Purchase Agreement (Celera CORP)