Common use of Forecast and Purchase Orders Clause in Contracts

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. 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. The Parties hereby establish a forecast procedure, comprising a binding rolling forecast period and a non-binding long-term range as follows: Within [***] weeks after the Effective Date Customer will provide a good faith rolling forecast covering the current plus next [***] no later than months which Customer will update within the first [***] weeks of each calendar day of [***]quarter, specifying the Product, the ordered quantity, quantity (number of batches batches) and the expected Delivery Date Technical Release month (“Long Range Forecast”) ). The first [***] months of each Long Range Forecast shall become binding for the Customer as to the quantity of Product, for which purchase orders must be placed during such [***] month period (the “Binding Forecast”), and sent together with the related Binding Forecast, and the remaining [***] months of each Long Range Forecast shall be non-binding. Any Long Range Forecast and the respective updates will only become effective upon confirmation by ▇▇▇▇▇▇▇▇▇▇, which has to be provided within [***] Business Days. If ▇▇▇▇▇▇▇▇▇▇ does not confirm the Long Range Forecast within [***] Business Days Customer may immediately escalate this topic to the Steering Committee for resolution. Any cancellation or reduction in the quantity of Product ordered during the period of the Binding Forecast by Customer will be subject to the Exit Fee mentioned below. For the avoidance of doubt, if Customer increases the Long Range Forecast over the previously submitted Long Range Forecast ▇▇▇▇▇▇▇▇▇▇ is not obliged to reserve resources as long as the Long Range Forecast is not confirmed by ▇▇▇▇▇▇▇▇▇▇. Customer shall issue written purchase orders corresponding to the firm and binding quantities defined in the Binding Forecast to ▇▇▇▇▇▇▇▇▇▇. Each Purchase OrderOrder shall state the expected day of delivery (“Delivery Date”). ▇▇▇▇▇▇▇▇▇▇ will shall confirm the Forecast and the received Purchase Order to Customer Orders within [***] Business Days after the receipt of such a Forecast and Purchase OrderDays. 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 [***].