ORDERS FOR THE PRODUCTS. Cardinal shall transmit orders for the Products to Supplier using a mutually acceptable automated order entry system or such other means as may be agreed upon by the parties. All of Cardinal’s orders for the Products are subject to acceptance and approval by Supplier. Cardinal shall have no obligation to accept automatic shipments of any Product. If any of the Products are in limited supply or otherwise unavailable in the quantities requested by Cardinal, supplier may elect to cutback Cardinal’s order for such Product and-instead allocate suck limited supply availability among Cardinal and Supplier’s other wholesaler customers in a commercially reasonable manner that does not place Cardinal at a competitive disadvantage. Cardinal acknowledges and agrees that Cardinal shall have no claim or remedy against Supplier, in connection with any such allocation by Supplier.
Appears in 2 contracts
Sources: Wholesale Purchase Agreement, Wholesale Purchase Agreement (Zogenix, Inc.)