Forecast and Orders Clause Samples

Forecast and Orders. Within fifteen (15) days from the beginning of each calendar quarter BIODEL shall furnish to Diosynth a rolling forecast of its requirements of the Substance during the next four calendar quarters whereby the required quantities for the first calendar quarter shall be a binding order for supply of the Substance and shall not deviate more than 20% (twenty percent) from the forecast formerly provided to Diosynth.

Forecast and Orders. 4.1 Bontex will provide before the 15th of each month the quantities to be delivered the following month.

Forecast and Orders. (a) Within thirty (30) days of the Effective Date (or a date mutually agreed upon by the parties), Abbo▇▇ ▇▇▇ll furnish to Corixa a rolling quarterly forecast for the quantities of Materials that Abbo▇▇ ▇▇▇ends to order during the twelve (12) month period, commencing no sooner than ninety (90) days from the date of the forecast. Prior to the initiation of Clinical Lots of Licensed Product, such forecast shall be used for planning purposes only. Following initiation of Clinical Lots of Licensed Product, the first [***] months of such forecast shall constitute a binding commitment upon Abbo▇▇ ▇▇ purchase such quantities as evidenced by purchase orders received from Abbo▇▇ ▇▇ accordance with Section 9.3 (b). The balance of such forecast shall merely represent reasonable estimates for planning purposes only [***]. Abbo▇▇ ▇▇▇ll update such forecast quarterly. (b) Abbo▇▇ ▇▇▇ll place each purchase order with Corixa for Materials to be delivered hereunder at least ninety (90) days prior to the delivery date specified in each respective order. Corixa hereby guarantees such ninety (90) day delivery from the receipt of each purchase order and shall accept such firm orders placed by Abbo▇▇ ▇▇▇hin ten (10) days of receipt for that amount of Materials which varies no more than +/- [***] of the then current estimate for the applicable period. For orders of Materials that exceed [***] of the then current estimate for the applicable period, Corixa shall use its reasonable best efforts to meet the ninety (90) day delivery date. If Corixa is unable to deliver on the specified date, Corixa may decline to provide that amount of Materials which exceeds [***] of the most current forecast underlying such order, provided, that it is declined in writing and is delivered to Abbo▇▇ ▇▇▇hin ten (10) days of Corixa's receipt of the order. Corixa shall deliver against each such order in accordance with Section 9.

Forecast and Orders. 3.1 Exclusively in order to facilitate Supplier in carrying out production planning appropriately, Customer will provide Supplier with a non-binding estimate of Customer’s annual requirements for the Contracted Product for each calendar year by September 30th of the previous calendar year. A more detailed non-binding forecast shall be given by Customer to Supplier by October 31st of each calendar year, setting out the anticipated quantities on a month by month

Forecast and Orders. 18.01 With the submission by Recordati of the PO set out under Paragraph 17.02, 17.03 and 17.04 above, and every month thereafter, Recordati shall provide ARS with a written rolling forecast of Recordati’s expected requirements of Product on a country-by-country basis during the following [***] (each, a Forecast). For clarity, the initial rolling forecast that Recordati shall provide to ARS shall cover the [***] after expected First Launching Date. 18.02 Except for the first PO for each Strength as described under Clause 17 above, Recordati shall submit to ARS a written binding and irrevocable proposal to purchase the Product at [***] prior to the date of delivery set out in such order (each a PO). It is agreed that any PO shall, inter alia, include: (i) name of the Product including Presentation (per each Strength); (ii) the quantities of the Presentation (per each Strength) required on a country by country basis; (iii) the date by which the Presentation must be delivered and any delivery instructions; (iv) the delivery address; (v) the indication of the relevant Recordati Livery to be used to label and package the Presentation (per each Strength); and (vi) the Aggregate Supply Price. 18.03 The Parties acknowledge and agree that notwithstanding anything to the contrary: (i) the Forecast shall not be binding upon Recordati or ARS and shall be used for planning purposes only; however, the first [***] of Product forecasted in each Forecast delivered to ARS following the First Launching Date shall be binding upon ARS and Recordati unless otherwise agreed in writing by both Parties. In addition, starting from the first anniversary of the First Launching Date, if the PO related to the [***] of Product forecasted in each Forecast is lower by more [***] from the [***] of Product forecasted in the previous Forecast, Recordati shall be responsible for cost of the excess Product if ARS cannot sell such excess Product outside the Territory; (ii) each PO shall automatically be deemed binding if not rejected in writing by ARS within [***] following the issuance thereof and ARS shall not have the right to reject POs which comply with the provisions set out in this Agreement; and (iii) the Parties shall use their Commercially Reasonable Efforts in order to supply Product and to quickly react to the market demand of Products (or change thereof). However, ARS shall not be obligated to Manufacture or supply Recordati with Product in excess of [***] of the most recent [***] ...

Forecast and Orders. All orders for Products submitted by Buyer shall be initiated by written purchase orders sent to Fluidigm requesting a delivery date during the term of this Agreement. To facilitate Fluidigm’s production scheduling, Buyer shall submit purchase orders for Products to Fluidigm in accordance with Fluidigm’s then current lead time for that Product. No order shall be binding upon Fluidigm until accepted by Fluidigm in writing, and Fluidigm shall have no liability to Buyer with respect to purchase orders that are not accepted. Fluidigm shall notify Buyer of the acceptance or rejection of an order and of the assigned ship date for accepted orders within ten (10) days of receipt of the purchase order. No partial shipment of an order shall constitute the acceptance of the entire order, absent the written acceptance of such entire order.

Forecast and Orders. 3.1 Exclusively in order to facilitate Supplier in carrying out production planning appropriately, Customer will provide Supplier with a non-binding estimate of Customer’s annual requirements for the Contracted Product for each calendar year by September 30th of the previous calendar year. A more detailed non-binding forecast shall be given by Customer to Supplier by October 31st of each calendar year, setting out the anticipated quantities on a month by month basis. Such forecast shall be updated quarterly by Customer, and sent to Supplier two months before the end of the calendar quarter prior to the calendar quarter to which such estimate relates. None of such estimates however will constitute a binding order by the Customer. The sole document which shall be binding upon the Customer, shall be any purchase order issued pursuant to Articles 3.2 and 3.3. 3.2 Customer will place firm written purchase orders by fax or by e-mail (hereafter “Order”) with Supplier for the Contracted Product, specifying the quantity and the Customer Code of the ordered Contracted Product, no later than the designated Lead Time (as foreseen in Appendix 3) before the required Delivery Date. The Delivery Date set out in the Order is the date upon which delivery is to be made to the Customer’s warehouse. Supplier shall deliver the Contracted Product so ordered on the Delivery Date, or not earlier or not later than five (5) working days with respect to the Delivery Date designated on the applicable Order unless otherwise provided below. Supplier will acknowledge receipt of the Order by sending an Order confirmation to Customer by fax or e-mail within one (1) week of receipt of the Order. However, such confirmation to Customer shall be required for information purposes only since the receipt by Supplier of an Order (provided that it is in accordance with the provisions of this Contract) shall entail the immediate and automatic execution of a sale/purchase contract for the relevant ordered Contracted Product (each, a Sale/Purchase Contract) which shall be governed by this Contract and the specific provisions of the Order. 3.3 Customer will be entitled to place Orders for amounts exceeding the quarterly estimated quantities as set out in Article 3.1 above. In such case, the Supplier shall be obligated to fulfill such Orders up to a maximum of [*] above such quarterly estimate in accordance with the terms of this Contract, as set out in Article 3.

Forecast and Orders. (a) On an annual basis, at the beginning of each calendar year during the term of this Agreement, VINTAGE shall provide NORAMCO with a non-binding written forecast of VINTAGE’S expected requirements for Products during that year. This forecast shall be updated at the beginning of each calendar quarter. VINTAGE shall place binding orders for Products which shall include package sizes required by written purchase order to NORAMCO, which shall be placed at least thirty (30) days prior to the desired date of delivery.

Forecast and Orders. (a) Within [***]* of the Effective Date (or such other date as may be agreed upon by the parties), and at least every [***]* thereafter, JT shall furnish to Corixa a rolling [***]* forecast for the quantities of Materials that JT intends to order during the [***]* period commencing [***]* from the date of such forecast. [***]*. Following [***]*, the first [***]* of such forecast shall constitute a binding commitment upon JT to purchase such quantities as evidenced by purchase orders received from JT in accordance with Section 2.3(b). The balance of such forecast shall merely represent reasonable good faith estimates for planning purposes only and shall not obligate JT to purchase any such amounts. (b) JT shall place each purchase order with Corixa for Materials to be delivered hereunder at least [***]* prior to the delivery date specified in each respective order. Corixa hereby [***]* from the receipt of each firm purchase order and shall accept such firm purchase orders placed by JT within [***]* of receipt for that amount of Materials which is [***]* the then current forecast for the applicable period. For orders of Materials that exceed [***]*. Corixa shall have no obligation to supply that amount of Materials which exceeds [***]* of the most current forecast underlying such order, provided that [***]* of Corixa's receipt of the order. Corixa shall deliver against each firm purchase order accepted by Corixa in accordance with this Section 2.3. JT shall be obligated to purchase all Materials ordered and delivered by the -------- * [***] indicates confidential treatment for omitted text has been requested.