Common use of Delivery and Purchase Clause in Contracts

Delivery and Purchase. For each Purchase Order submitted by Eisai in accordance with Section 6.2(b) (except to the extent of Excess Orders that Arena does not fulfill), Arena shall use Commercially Reasonable Efforts to deliver to Eisai the specified amount(s) of Finished Product conforming with the warranty set forth in Section 6.13. Eisai shall engage a common carrier, at Eisai’s expense, to ship Finished Product to Eisai. Upon Eisai’s request, Arena shall assist Eisai in identifying a suitable common carrier. Title and risk of loss with respect to Finished Product shall pass to Eisai, and delivery of such Finished Product to Eisai for purposes of this Agreement shall be made, when Arena tenders such Finished Product to Eisai’s designated common carrier at ▇▇▇▇▇ Logistik (Schweiz) AG, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ (or such other location in Switzerland designated by Arena in writing at least 15 days prior to the confirmed delivery date). Arena, at its own expense, shall be responsible for clearing Finished Product for export and obtaining any export licenses with respect thereto. Eisai, at its own expense, shall be responsible for clearing Finished Product for import and obtaining any import licenses with respect thereto. Arena shall use Commercially Reasonable Efforts to make each such delivery to Eisai by the confirmed delivery date. Upon delivery of Finished Product (but subject to Section 6.11), Eisai shall have the obligation to pay Arena the Product Purchase Price pursuant to Section 7.4 for such delivered Finished Product.

Delivery and Purchase. For each Purchase Order submitted by Eisai in accordance with Section 6.2(b) (except to the extent of Excess Orders that Arena does not fulfill), Arena shall use Commercially Reasonable Efforts to deliver to Eisai the specified amount(s) amount of Finished Product conforming with the warranty set forth in Section 6.13. Eisai shall engage a common carrier, at Eisai’s expense, to ship Finished Product to Eisai. Upon Eisai’s request, Arena shall assist Eisai in identifying a suitable common carrier. Title and risk of loss with respect to Finished Product shall pass to Eisai, and delivery of such Finished Product to Eisai for purposes of this Agreement shall be made, when Arena tenders such Finished Product to Eisai’s designated common carrier at ▇F▇▇▇▇ Logistik (Schweiz) AG, ▇I▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ (or such other location in Switzerland designated by Arena in writing at least 15 days prior to the confirmed delivery date). Arena, at its own expense, shall be responsible for clearing Finished Product for export and obtaining any export licenses with respect thereto. Eisai, at its own expense, shall be responsible for clearing Finished Product for import and obtaining any import licenses with respect thereto. Arena shall use Commercially Reasonable Efforts to make each such delivery to Eisai by the confirmed delivery date. Upon delivery of Finished Product (but subject to Section 6.11), Eisai shall have the obligation to pay Arena the Product Purchase Price pursuant to Section 7.4 7.3 for such delivered Finished Product.