Form of Orders. DUSA’s orders shall be made pursuant to a written purchase order which is in the form attached hereto as Exhibit B, and shall provide for shipment in accordance with the delivery dates set forth in the purchase orders. At all times during this Agreement, NBC shall use its reasonable best efforts to meet the monthly delivery dates set forth in each purchase order. Notwithstanding the foregoing language, NBC shall ship Light Source units in inventory as requested pursuant to Section 2.5 below. Any change to a purchase order may be made by the issuance of a written amended change order by both parties. ANY ADDITIONAL OR INCONSISTENT TERMS OR CONDITIONS OF ANY PURCHASE ORDER, ACKNOWLEDGMENTS OR SIMILAR STANDARDIZED FORMS GIVEN OR RECEIVED PURSUANT TO THIS AGREEMENT SHALL HAVE NO EFFECT AND SUCH TERMS AND CONDITIONS ARE HEREBY EXCLUDED UNLESS SPECIFICALLY AGREED OTHERWISE BY A WRITING SIGNED BY BOTH PARTIES PURSUANT TO SECTION 12.12.
Appears in 1 contract
Sources: Purchase and Supply Agreement (Dusa Pharmaceuticals Inc)
Form of Orders. DUSA’s 's orders shall be made pursuant to a written purchase order which is in the form attached hereto as Exhibit B, and shall provide for shipment in accordance with the delivery dates set forth in the purchase orders. At all times during this Agreement, NBC shall use its reasonable best efforts to meet the monthly delivery dates set forth in each purchase order. Notwithstanding the foregoing language, NBC shall ship Light Source units in inventory as requested pursuant to Section 2.5 below. Any change to a purchase order may be made by the issuance of a written amended change order by both parties. ANY ADDITIONAL OR INCONSISTENT TERMS OR CONDITIONS OF ANY PURCHASE ORDER, ACKNOWLEDGMENTS OR SIMILAR STANDARDIZED FORMS GIVEN OR RECEIVED PURSUANT TO THIS AGREEMENT SHALL HAVE NO EFFECT AND SUCH TERMS AND CONDITIONS ARE HEREBY EXCLUDED UNLESS SPECIFICALLY AGREED OTHERWISE BY A WRITING SIGNED BY BOTH PARTIES PURSUANT TO SECTION 12.12.
Appears in 1 contract
Sources: Purchase and Supply Agreement (Dusa Pharmaceuticals Inc)