VARIANCES IN QUANTITIES SHIPPED Sample Clauses

VARIANCES IN QUANTITIES SHIPPED. INVOICING PREREQUISITES. Quantities actually shipped pursuant to a given Firm Order may vary from the quantities reflected in such Firm Order by up to [*] percent ([*]%) and still be deemed to be in compliance with such Firm Order. In addition, with respect to each Batch that is part of a particular Firm Order being shipped hereunder, BIP may ship and Immunex and/or Wyeth, as the case may be depending on the destination of the applicable shipment (I.E., Immunex for the Immunex Territory and Wyeth for the Wyeth Territory), shall be required to pay for (in accordance with the terms hereof) shipments of additional quantities of Drug Product and/or Finished Product that vary by greater than [*] percent ([*]%) from the quantities reflected in the applicable Firm Order, it being understood that quantities of Drug Product and/or Finished Product actually produced from each Batch will vary based on such factors as actual success rate, fermentation crude Product titer, and purification yield, and provided further, that BIP shall notify Immunex in a timely manner prior to such shipment of the amount of any such excess quantities of Drug Product and/or Finished Product being shipped hereunder. However, Immunex and Wyeth, as applicable, shall only be invoiced and required to pay for the quantities of Bulk Drug Substance and Drug Product/Finished Product which (1) in the case of Bulk Drug Substance, are accompanied by a Certificate of Analysis and a Certificate of Compliance with respect to such Bulk Drug Substance and (2) in the case of Drug Product/Finished Product, BIP actually ships to Immunex, Wyeth and/or their respective designee, and are accompanied by a Certificate of Analysis and a Certificate of Compliance with respect to such Drug Product/Finished Product.
View Source

Related to VARIANCES IN QUANTITIES SHIPPED

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • ESTIMATED / SPECIFIC QUANTITY CONTRACTS Estimated quantity contracts, also referred to as indefinite delivery / indefinite quantity contracts, are expressly agreed and understood to be made for only the quantities, if any, actually ordered during the Contract term. No guarantee of any quantity is implied or given. With respect to any specific quantity stated in the contract, the Commissioner reserves the right after award to order up to 20% more or less (rounded to the next highest whole number) than the specific quantities called for in the Contract. Notwithstanding the foregoing, the Commissioner may purchase greater or lesser percentages of Contract quantities should the Commissioner and Contractor so agree. Such agreement may include an equitable price adjustment.

  • Funding Restrictions and Order Quantities The Agency reserves the right to reduce or increase estimated or actual quantities in whatever amount necessary without prejudice or liability to the Agency, if: 12.3.1 Funding is not available; 12.3.2 Legal restrictions are placed upon the expenditure of monies for this category of service or supplies; or, 12.3.3 The Agency’s requirements in good faith change after award of the contract.

  • Minimum Vendor License Requirements Vendor shall maintain, in current status, all federal, state, and local licenses, bonds and permits required for the operation of the business conducted by Vendor. Vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the TIPS Agreement. TIPS and TIPS Members reserve the right to stop work and/or cancel a TIPS Sale or terminate this or any TIPS Sale Supplemental Agreement involving Vendor if Vendor’s license(s) required to perform under this Agreement or under the specific TIPS Sale have expired, lapsed, are suspended or terminated subject to a 30‐day cure period unless prohibited by applicable statue or regulation.

  • Minimum Shipping Requirements for TIPS Sales Vendor shall ship, deliver, or provide ordered goods and services within a commercially reasonable time after acceptance of the order. If a delay in delivery is anticipated, Vendor shall notify the TIPS Member as to why delivery is delayed and provide an updated estimated time for completion. The TIPS Member may cancel the order if the delay is not commercially acceptable or not consistent with the Supplemental Agreement applicable to the order.