Common use of Order Acknowledgment Clause in Contracts

Order Acknowledgment. Toshiba agrees to accept all Product purchase orders -------------------- within the Forecasts issued under this Agreement and agrees not to reject or defer orders for which production capacity may be available as contemplated in Section 3.5 above. Toshiba will use diligent efforts to manufacture Products in excess of the Forecast, subject to its then existing third-party capacity commitments. Toshiba agrees to deliver a written acknowledgment of such purchase order within three (3) working days after receipt of the purchase order. In all events, Toshiba's failure to deliver such an acknowledgment shall be deemed an acceptance of the purchase order.