Client’s Modification or Cancellation of Purchase Orders Clause Samples

Client’s Modification or Cancellation of Purchase Orders. A. Client may modify the delivery date or quantity of Product in a Purchase Order only by submitting a written change order to Catalent at least 30 calendar days in advance of the earliest Processing Date covered by such change order. Such change order shall be effective and binding against Catalent only upon the written approval of Catalent, and notwithstanding the foregoing, Client shall remain responsible for the Firm Commitment. B. Notwithstanding any amounts due to Catalent under Section 4.4 or Section 4.1, if Client fails to place Purchase Orders sufficient to satisfy the Firm Commitment, Client shall pay to Catalent in accordance with Article […***…]. C. Neither changes to nor postponement of any Batch of Product, nor the payment of the fees described in this Section 4.5, will reduce or in any way affect Client’s Minimum Requirement obligations set forth in Section 4.1 as set forth on Attachment B unless such changes or postponement are due solely to Catalent’s negligence or willful misconduct.

Client’s Modification or Cancellation of Purchase Orders. Client may modify the Delivery Date or quantity of Bulk Product to be packaged in a Purchase Order only by submitting a written change order to PCI at least sixty (60) days in advance of the original Delivery Date covered by such change order. Such change order shall be effective and binding against PCI only upon the written approval of PCI, and notwithstanding the foregoing, Client shall remain responsible for the Firm Commitment. In no event shall PCI be required to incur any costs or suffer any losses in connection with such change order or its efforts to accommodate such a change. Any such costs or losses incurred by PCI shall be paid for by Client.

Client’s Modification or Cancellation of Purchase Orders. A. Client may modify the delivery date or quantity of Product in a Purchase Order only by submitting a written change order to Catalent at least [***] in advance of the earliest Processing Date covered by such change order. Such change order shall be effective and binding against Catalent only upon the written approval of Catalent, and, notwithstanding any such written approval, Client shall remain responsible for the Firm Commitment. B. Notwithstanding any amount due to Catalent under Section 4.1, if Client fails to place Purchase Orders sufficient to satisfy the Firm Commitment, Client shall pay to Catalent in accordance with Article 7 the Unit Pricing for all Units that would have been Processed if Client had placed Purchase Orders sufficient to satisfy the Firm Commitment.

Client’s Modification or Cancellation of Purchase Orders. A. Client may modify the delivery date or quantity of Product in a Purchase Order only by submitting a written change order to Catalent. Change orders must be submitted at least *** days in advance of the earliest Processing Date (of which Catalent notifies Client in accordance with Section 3.2(A) above) covered by such change order. Catalent shall use commercially reasonable efforts to implement any change orders submitted by such deadline. For change orders submitted after this deadline, Catalent will respond within *** days whether or not such change is possible. Notwithstanding the foregoing, Client shall remain responsible for the Firm Commitment. B. In addition to any amounts due to Catalent with respect to Product ordered pursuant to Section 4.2, if Client fails to place Purchase Orders sufficient to satisfy the Firm Commitment (which, for clarity, is required by Section 4.2(A)), Client shall, within *** days of receipt of invoice ***.

Client’s Modification or Cancellation of Purchase Orders. A. Client may modify the delivery date or quantity of Product in a Purchase Order only by submitting a written change order to Catalent at least [***] in advance of the earliest delivery date covered by such change order. Such change order shall be effective and binding against Catalent only upon the written approval of Catalent, and notwithstanding the foregoing, Client shall remain responsible for the Firm Commitment. B. if Client fails to place Purchase Orders sufficient to satisfy the Firm Commitment, Catalent shall notify Client of such deficiency, and Client shall have [***] after receipt of such notice to submit any missing Purchase Orders (or shortfall portions thereof). In the event that Client still fails to submit Purchase Orders to satisfy the Firm Commitment within such [***] period, Client shall remain obligated to pay to Catalent in accordance with Article 7 the Unit Pricing for all Units that would have been Processed if Client has placed Purchase Orders sufficient to satisfy the Firm Commitment except to the extent Client’s failure to submit such Purchase Orders to satisfy the Firm Commitment is the result of Catalent’s inability to perform under such Purchase Orders or is otherwise caused by Catalent, or Catalent is able to use the Raw Materials, labor, and capacity that it would have used to perform under such Purchase Orders for services performed for Persons other than Client.

Client’s Modification or Cancellation of Purchase Orders. A. Client may modify the delivery date or quantity of Product in a Purchase Order only by submitting a written change order to Catalent at least 60 days in advance of the earliest Processing Date covered by such change order. Such change order shall be effective and binding against Catalent only upon the written approval of Catalent, and notwithstanding the foregoing, Client shall remain responsible for the Firm Commitment. B. Neither changes to nor postponement of any Batch of Product by Client, nor the payment of the fees described in this Clause 4.5, will reduce or in any way effect Client’s Minimum Revenue Requirement obligations set out in Clause 4.1.

Client’s Modification or Cancellation of Purchase Orders. A. Client may modify the delivery date or quantity of Product in a Purchase Order only by submitting a written change order to Catalent at least [*] in advance of the earliest Processing Date covered by such change order. Such change order shall be effective and binding against [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Catalent only upon the written approval of Catalent, and notwithstanding the foregoing, Client shall remain responsible for the Firm Commitment. B. Notwithstanding any amounts due to Catalent under Section 4.4 or Section 4.1, if Client fails to place Purchase Orders sufficient to satisfy the Firm Commitment, Client shall pay to Catalent an amount equal to [*] (the “Firm Commitment Payment”). For clarity, payments made in accordance with this Section 4.5.B shall cure the applicable failure by Client to place Purchase Orders sufficient to satisfy the Firm Commitment, in full, and Catalent shall have no further right to seek damages or terminate this Agreement as a result of such failure. C. Neither changes to nor postponement of any Batch of Product, nor the payment of the fees described in this Section 4.5, will reduce or in any way affect Client’s Minimum Requirement obligations set forth in Section 4.1, except as expressly set forth in Section 4.1.

Client’s Modification or Cancellation of Purchase Orders. Client may request to modify the quantity of Product in a Purchase Order or the requested delivery date by submitting a proposed Change Order to Catalent. Such proposed Change Order shall be effective and binding against Catalent only upon the execution of the proposed change order by ▇▇▇▇▇▇▇▇, and, notwithstanding any such execution, shall not reduce or modify Client’s obligations relating to the Firm Commitment and Minimum Requirement (if any). Catalent shall work in good faith with Client, subject to commercially reasonable efforts, to resolve any issues arising from a modified or cancelled Purchase Order.

Client’s Modification or Cancellation of Purchase Orders. A. Client may modify the delivery date or quantity of Product in a Purchase Order only by submitting a written change order to Catalent at least [**] days in advance of the earliest Processing Date covered by such change order. Such change order shall be effective and binding against Catalent only upon the written approval of Catalent, and notwithstanding the foregoing, Client shall remain responsible for the Firm Commitment unless otherwise agreed by the Parties in writing signed by authorized signatories of both Parties. B. Notwithstanding any amounts due to Catalent under Section 7.3, if Client fails to place Purchase Orders sufficient to satisfy the Firm Commitment, Catalent shall inform Client of such shortfall. Client shall, have the options to a) [**] days of receipt of such notification from Catalent, and at least [**] days prior to the delivery date, [**] or b) [**].