Common use of Firm Commitment Clause in Contracts

Firm Commitment. To the extent any forecast required hereunder (commencing with the Launch Forecast) is required to be provided to Indevus for any period for which Indevus is required to provide a binding forecast to its Third Party manufacturers for Compound or Bulk Drug Product (i.e., that portion of the forecast is required to constitute a firm order and/or binding commitment to submit purchase orders for the aggregate quantities specified therein), the corresponding period of the forecast provided hereunder shall also be binding (the “Binding Portion”). For example, if the first two (2) Calendar Quarters of any forecast provided by Indevus to a Third Party manufacturer is deemed under Indevus’ agreement with such Third Party to be a binding forecast, then the first two (2) Calendar Quarters of the forecast required hereunder for the comparable period shall constitute the “Binding Portion” and the following four (4) Calendar Quarters of such forecast shall be non-binding, good faith estimates for planning purposes only and shall not constitute binding commitments by ▇▇▇▇▇▇ to purchase Bulk Drug Product. Subject to the foregoing, each forecast provided by ▇▇▇▇▇▇ shall supersede any previous forecast. Each forecast provided by ▇▇▇▇▇▇ shall designate the quantities of Bulk Drug Product that ▇▇▇▇▇▇ desires to be either (a) marked with the SANCTURA XR designation; (b) unmarked; and/or (c) marked with a designation other than the SANCTURA XR designation.