Forecast and Purchase Orders Clause Samples

Forecast and Purchase Orders. The Parties hereby establish a forecast procedure, comprising a binding rolling forecast period and a non-binding long-term range as follows: Customer will provide a good faith rolling forecast covering the current plus next [***] no later than the [***] calendar day of [***], specifying the Product, the ordered quantity, number of batches and the expected Delivery Date (“Forecast”) together with the related Purchase Order. ▇▇▇▇▇▇▇▇▇▇ will confirm the Forecast and the Purchase Order to Customer within [***] Business Days after the receipt of such a Forecast and Purchase Order. The [***] months of the Forecast shall be binding to both Parties as to the quantity of the Product, number of batches and the Delivery Date (“Binding Forecast”). If Customer cancels any Purchase Order already issued within the Binding Forecast period, Customer shall pay an Exit Fee as follows: Time period of cancellation, rescheduling prior starting Manufacturing Exit Fee (percentage of the Service Fee applicable to the Product in the cancelled Purchase Order) [***] [***] [***] [***] In case an order is cancelled by Customer and needs to be rescheduled within the Binding Forecast period both Parties agree to find in good faith an alternative Manufacturing schedule for the respective Purchase Order in good faith. 14 | Page Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions marked [***]. COMMERCIAL SUPPLY AND SERVICES AGREEMENT - DRUG PRODUCT ▇▇▇▇▇▇▇▇▇▇ will use reasonable commercial efforts to allocate the reserved production capacity of the above mentioned orders to other customers’ orders. If such allocation will be successful, the Exit Fee will equal to [***].

Forecast and Purchase Orders. (a) Customer shall provide Flextronics, on a [*] basis, a rolling [*] ([*]) month forecast indicating Customer’s monthly Product requirements. (b) Unless a different timeframe is set forth in an SOW, Customer shall on a [*] basis provide purchase orders for following portion of the forecast: (i) For BTO Products, purchase orders to cover the agreed Lead Time by Product, as set forth in the applicable SOW. (ii) For all other Products, purchase orders for the first [*] ([*]) months of the then-applicable forecast. Such purchase orders shall be issued and updated [*] in accordance with Section 3.2 and 5 below. If Customer fails to submit required purchase orders as set forth above, then the applicable portions of then-applicable forecast shall be deemed to constitute Customer’s purchase order for such [*].

Forecast and Purchase Orders. (a) Customer shall provide Flextronics, on a *** forecast indicating Customer’s monthly Product requirements. FLEXTRONICS CONFIDENTIAL (b) Unless a different timeframe is set forth in an SOW, Customer shall on a *** basis provide purchase orders for *** of demand: (i) For BTO Products, purchase orders to cover the agreed Lead Time by Product, as set forth in the applicable SOW. (ii) For all other Products, purchase orders for the first *** months of the then-applicable forecast. Such purchase orders shall be issued in accordance with Section 3.2 below.

Forecast and Purchase Orders. 5.1 Each [***], Apple will provide Micron with a [***] rolling forecast of its demand for Micron Products (the “[***]”). The [***] Forecast will be prepared in good faith and reflect Apple’s best estimate of its demand for Micron Products. Each [***] Forecast will show volume and density requirements for the first [***] of such Forecast by week and for the second through [***] by month. [***] Forecasts will be delivered no later than November 30, February 28, May 30, and August 30 of each year for the [***] commencing on the first, second, third and fourth calendar [***], respectively; provided, however, that the first [***] Forecast will be delivered upon payment of the Initial Pre-Payment under Section 7.1 for the subsequent [***]. Micron will respond with a statement of supply availability for the [***] covered by such [***] Forecast within [***] ([***]) business days of receipt of the [***] Forecast. The supply availability will be prepared in good faith and reflect Micron’s best estimate of its ability to supply Micron Products during such period. 5.2 On or before [***], Apple will give Micron a forecast for Apple’s demand for Micron Products, including volume and density, for the upcoming [***] (the “[***] Forecasts”). The [***] Forecasts will include forecasts for current and future Micron Products. 5.3 The rolling [***] Forecast and the [***] Forecast provided by Apple are for planning purposes only and do not constitute an obligation to purchase. 5.4 Micron will accept all purchase orders and, in the case of blanket purchase orders, subsequent shipping orders (“P.O.s”), submitted by Apple for Micron Products within the Supply Commitment, except that (i) if the total GBs of Micron Product in any P.O. for a quarter would exceed the Supply Commitment for such quarter, Micron shall not be obligated to accept such P.O. for such excess Micron Product; (ii) Micron shall not be obligated to accept any P.O. to the extent such P.O. would cause the amount of Micron Products to be delivered to Apple in the [***] or [***] month of a calendar quarter, respectively, to exceed [***] percent ([***]%) of the Supply Commitment for such quarter; and (iii) Micron shall not be obligated to accept any P.O. in any calendar quarter to the extent that the total GBs of the highest density of NAND flash die contained in the Micron Products ordered pursuant to a P.O. for Micron Products (when aggregated with the other P.O.s for such Micron Products for delivery during such qu...

Forecast and Purchase Orders. Customer shall provide Flextronics, on a [***] basis, a rolling [***] forecast indicating Customer’s [***] Product and Services requirements (the “Forecast”). Unless a different timeframe is agreed to by the parties, Customer shall on a [***] basis provide purchase orders for the first [***] of the then-applicable Forecast, which shall be a non-cancellable portion of the Forecast.

Forecast and Purchase Orders. Customer shall provide Flextronics, on a monthly basis, a rolling nine (9) month forecast indicating Customer’s monthly Product requirements. , the first three months of the forecast shall constitute a purchase commitment by the Customer (“Purchase Commitment”). For purposes of shipment and invoicing, Customer shall issue purchase orders for the quantities of Products at least equal to the Purchase Commitment.

Forecast and Purchase Orders. 3.1 AMO shall send purchase orders to Allergan Facilities on the following basis:

Forecast and Purchase Orders. ▇▇▇▇▇▇▇ shall provide forecasts and purchase orders to DUSA for Product as follows: (a) Within [C.I.] ([C.I.]) months of the Effective Date with respect to Brazil, and within [C.I.] ([C.I.]) months prior to any other anticipated Registration relating to the Product, ▇▇▇▇▇▇▇ shall provide DUSA with a forecast of ▇▇▇▇▇▇▇'▇ quantity requirements for the applicable commercial launch of the Product and the [C.I.] period following such launch. ▇▇▇▇▇▇▇ shall send to DUSA a notice (the "LAUNCH NOTICE") with respect to such Product that shall contain the following: (i) a statement of the estimated Launch Date of such Product; and;

Forecast and Purchase Orders. 3.1. Every calendar month, by the fifteenth (15th) day of the month, AFFINIA will provide ▇▇▇▇ with a written rolling forecast of the Products by part number to be purchased during the next six (6) months; provided, however, that such forecast is for planning purposes only and shall not be considered an order. 3.2. AFFINIA will place blanket purchase orders for Products including the current pricing for such Product as such pricing changes from time to time. The blanket purchase orders will also specify required lead times for all Products. AFFINIA will place firm orders for Products by releases against the then current blanket purchase order, observing the required lead times. ▇▇▇▇ shall fill all orders within the agreed lead times. Once ▇▇▇▇ accepts a Products’ order placed by AFFINIA, the pricing of such firmed order may not be changed, except by mutual written agreement between ▇▇▇▇ and AFFINIA. 3.2.1. The Products lead times and the Products minimum order quantities, which will be observed by ▇▇▇▇ and AFFINIA, are those listed on Attachment 1.4. hereto. 3.3. ▇▇▇▇ shall use its reasonable best efforts to supply to AFFINIA at least ninety-percent (90%) of the monthly volume of each Product ordered by AFFINIA through December 31, 2005. Beginning in 2006, ▇▇▇▇ shall use its reasonable best efforts to supply to AFFINIA at least ninety-five percent (95%) of the monthly volume of each Product ordered by AFFINIA. DANA’s failure to supply such volumes shall not be a just cause for the termination of this Agreement by AFFINIA. 3.3.1. Notwithstanding Section 2.3, if ▇▇▇▇ does not supply to AFFINIA (a) at least ninety percent (90%) of the monthly volume of each Product ordered by AFFINIA during any month before December 31, 2005 and (b) at least ninety-five percent (95%) of the monthly volume of each Product ordered by AFFINIA during any month after December 31, 2005, then AFFINIA will be allowed to (i) acquire from other vendors the quantity of Products actually ordered by AFFINIA and not delivered by ▇▇▇▇, (ii) acquire from other suppliers a quantity of Products larger than the one ordered and not delivered by ▇▇▇▇ if the minimum sales volume of alternate suppliers (at the applicable price) is higher than the quantity of Products not delivered by ▇▇▇▇ (provided that AFFINIA shall only purchase the minimum applicable sales volume and make the corresponding reductions in the subsequent purchase orders to ▇▇▇▇) and (iii) acquire products from other suppliers to re...