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.
Appears in 2 contracts
Sources: Commercial Supply Agreement (Omthera Pharmaceuticals, Inc.), Commercial Supply Agreement (Omthera Pharmaceuticals, Inc.)
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 [redacted]in advance of the earliest Processing Date 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. 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 […***…]7 the Unit Pricing for all Units that would have been Processed if Client had placed Purchase Orders sufficient to satisfy the Firm Commitment.
C. Neither changes to nor postponement of any Batch of Product, nor the payment of the fees described in this Section 4.5, Product made or caused by Client will reduce or in any way affect effect Client’s '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 misconduct4.1.
Appears in 1 contract
Sources: Softgel Commercial Supply Agreement (Aurinia Pharmaceuticals Inc.)