Common use of Forecasts Orders Delivery and Acceptance Clause in Contracts

Forecasts Orders Delivery and Acceptance. 9.1 No later than one hundred and twenty (120) days prior to the anticipated Launch date for Product in the Territory, the Licensee shall prepare and provide to Licensor a written forecast covering the period between NDA Approval Date and the end of the first full Quarter following Launch (“First Full Quarter”). Following discussion of this pre-Launch forecast between the Parties Licensee shall place firm binding purchase orders on Licensor covering the period between NDA Approval Date and the end of the First Full Quarter, such purchase orders not to specify a delivery date earlier than ninety (90) days after the date upon which such purchase orders are dated and submitted to Licensor. On or before the commencement of the First Full Quarter and each Quarter thereafter Licensee shall prepare and provide to Licensor a written forecast by Quarter of Licensee’s requirements for Product (“Forecasts”) for the immediately succeeding eight full Quarters (i.e. after Launch commencing with the Quarter just beginning). The amounts set forth for the first and second Quarters in each Forecast shall constitute a firm binding purchase order and shall be binding upon Licensee and subject to the provisions of Clause 9.