Forecasting and Orders Sample Clauses
The 'Forecasting and Orders' clause establishes the procedures and requirements for predicting future product or service needs and placing corresponding purchase orders. Typically, it requires one party to provide regular forecasts of anticipated demand, which the other party uses to plan production or inventory, and sets out how and when binding orders must be submitted. This clause helps ensure supply chain efficiency and minimizes the risk of shortages or overproduction by clarifying expectations and timelines for both forecasting and order placement.
Forecasting and Orders. (a) ▇▇▇▇▇▇ acknowledges and agrees that all forecasts and Firm Orders shall be subject to the maximum monthly Whole Lot quantities set forth in Exhibit C attached hereto.
(b) At least [*] ([*]) days prior to the first day of each Calendar Quarter during the Term commencing with the Calendar Quarter in which the expected Launch Date occurs, ▇▇▇▇▇▇ shall deliver to Salix a written good faith forecast estimating the quantities of Generic Product that ▇▇▇▇▇▇ expects to purchase from Salix during such Calendar Quarter and the following three (3) Calendar Quarters, broken out on a monthly basis (each a “Forecast”). The first Calendar Quarter of each Forecast shall be a “Firm Forecast.” Except as provided in Section 4.2(c), each Forecast shall be non-binding and shall be used by Salix for planning purposes only.
(c) At least [*] ([*]) days prior to the first day of each Calendar Quarter during the Term commencing with the Calendar Quarter in which the expected Launch Date occurs, ▇▇▇▇▇▇ shall submit to Salix a written purchase order in such form as shall be reasonably acceptable to Salix (a “Firm Order”) for the quantity of Generic Product to be delivered to ▇▇▇▇▇▇ during each month of such Calendar Quarter, which Purchase Order shall specify the required delivery date for such Generic Product. The quantity of Generic Product specified in any Purchase Order for delivery in any month of a Calendar Quarter shall not be less than [*] percent ([*]%) of, nor more than [*] percent ([*]%) of, the quantities specified in the Firm Forecast applicable to such month. In the event Salix fails to timely deliver Generic Product ordered hereunder, ▇▇▇▇▇▇ may revise its Forecasts, including any Firm Forecast, to address the shortfall of supply and/or the impact such late delivery may have had on the trade for Generic Product, and Salix shall use Commercially Reasonable Efforts to accommodate such revisions.
(d) If any Generic Product purchased by ▇▇▇▇▇▇ prior to the Launch Date has less than sixteen (16) months remaining before its expiration date, and the Launch Date has not [*] Confidential treatment requested; certain information omitted and filed separately with the SEC. occurred, ▇▇▇▇▇▇ may return such Generic Product to Salix and Salix shall use Commercially Reasonable Efforts to replace promptly such returned Generic Product with Generic Product with expiration dating greater than twenty (20) months at no additional cost. In the event the Parties determine that it is like...
Forecasting and Orders. On or before sixty (60) days prior to each calendar quarter, NuVasive shall provide to Osiris a binding order (“Order”) for the quantity and size of Product to be delivered by Osiris to NuVasive in the following calendar quarter. Each Order shall be in writing, and shall specify the quantity of units of Product by size, the brand name of each unit of Product ordered, the requested Delivery date(s), the destination shipping address(es), and the Product Fees therefor. Osiris shall be required to supply to NuVasive all such quantities of Product as NuVasive orders pursuant to such Orders in accordance with the Product unit sizes and brand names specified in such Orders and shall use its commercially reasonable best efforts to conform to the requested Delivery date(s) set forth in such Orders, provided in each case such Orders do not exceed the Minimum Performance Levels during the applicable periods set forth in Section 3.3 below. Osiris shall deliver the Product to NuVasive pursuant to the Orders, subject to available Product being released for transplantation; provided, that the Parties understand and agree the final Delivery dates for Orders may vary from the requested dates based upon Donor Tissue procurement.
Forecasting and Orders. 13.1 Within [***] following the submission of a MA Application through the EMA centralized procedure and then on a monthly basis throughout the applicable Product Schedule Term,
Forecasting and Orders