Common use of Fulfillment of Purchase Orders Clause in Contracts

Fulfillment of Purchase Orders. If this Agreement is terminated as provided in Section 11.2(a) (Termination of License Agreement) other than the termination of the License Agreement due to the material breach or bankruptcy event of Replidyne, Section 11.2(c) (Material Breach by DSP or Nisso), 11.2(e) (Bankruptcy Event for DSP or Nisso) or 11.2 (g) (Force Majeure Event for DSP or Nisso) by Replidyne, then (i) Replidyne may cancel without liability (other than for reimbursement as provided in Section 12.5(a) (Reimbursement for Purchase Orders) hereof) all outstanding Purchase Orders for which delivery has not been completed, as determined by Replidyne in its sole discretion, and (ii) such termination, except the termination as provided in Section 11.2 (g) (Force Majeure Event for DSP or Nisso), shall not relieve the Supplier of its obligation to deliver Drug Substance ordered by Replidyne prior to the effective date of termination (except to the extent Purchase Orders are so cancelled by Replidyne).