Common use of Order and Acceptance Clause in Contracts

Order and Acceptance. All orders for Hybrids shall be made by signed written purchase orders by Starkey to a Sonic employee designated in writing by Sonic, sent to Sonic at Sonic's address for notice hereunder and proposing a delivery date that is consistent with the Forecasts and not less than sixty (60) days after Sonic's receipt of such purchase order. To the extent that any one purchase order exceeds [ * ] Hybrids, such purchase order must be submitted to Sonic at least ninety (90) days in advance of any requested delivery date. Orders shall be placed by a signed written purchase order, which may be provided to Sonic by fax. Sonic shall accept or reject purchase orders by fax or in writing within seven (7) days of receipt, it being understood that no purchase order shall be binding upon Sonic until accepted by Sonic. Sonic shall fulfill purchase orders accepted by Sonic pursuant to the terms and conditions of this Agreement. [ * ]= CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. No partial shipment of an order shall constitute the acceptance of the entire order, absent the written acceptance of such entire order. Once accepted by Sonic, Starkey may cancel or reschedule purchase orders for Hybrids only with Sonic's prior written approval.