Common use of Order Acknowledgments Clause in Contracts

Order Acknowledgments. Xenogen shall provide written acknowledgment accepting or rejecting each Purchase Order, including the reasons therefor if rejected, within three (3) business days after receipt of such Purchase Order. All Purchase Orders are subject to acceptance by Xenogen, and Xenogen shall have no liability for Purchase Orders that it does not accept. No partial acceptance of a Purchase Order shall constitute the acceptance of an entire order, absent Xenogen’s written acceptance of such entire Purchase Order. If a specific Licensed Product requires execution of an End User Agreement (as identified in Exhibit B), then each Purchase Order shall be accompanied by an executed End User Agreement of appropriate form as identified in Exhibits Band C-1 through C-4. Xenogen will specify the delivery date or dates for each Purchase Order in the written acceptance that Xenogen provides to Distributor (the “Shipment Date”). Xenogen intends to deliver all accepted Purchase Orders for quantities of Imaging Systems within the annual Minimum Sales Commitment within thirty (30) days of Purchase Order acceptance. Xenogen further intends to deliver all accepted Purchase Orders for Bioware™ within thirty (30) days as well. Lead-time for LPTA™ animal models will be determined on a case-by-case basis.