Common use of Monthly Forecast Clause in Contracts

Monthly Forecast. Except for the initial forecast after the Effective Date which shall be provided to DSM within [*] after the Effective Date, at least [*] prior to the first month during which Onyx requires Product from DSM hereunder, Onyx shall submit to DSM a written non-binding estimate of its monthly requirements for the Product for each of the next succeeding eighteen (18) months (the “Monthly Forecast”). The Monthly Forecast shall be updated monthly on the [*] of the month on an eighteen (18) [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. month rolling basis. If Onyx fails to update the Monthly Forecast by such deadline, then DSM shall be entitled to apply Onyx’s most recently forecasted requirements for such time frame in planning the production schedule for the Firm Commitment Period (as defined in Section 6.3); and in such event Onyx shall be obligated to purchase such quantities consistent with Onyx’s most recently forecasted requirements for such time frame to the extent that they become part of the Firm Purchase Commitment period as provided herein. If DSM is unable to accept (i) quantities stated for any new month in the Monthly Forecast, or (ii) quantities in excess of previously forecasted quantities (collectively, the quantities in (i) and (ii) referred to as “Additional Quantities”), then DSM shall notify Onyx in writing within [*] after receipt of the Monthly Forecast; otherwise such Additional Quantities shall be deemed to have been approved and accepted by DSM. The Parties shall negotiate in good faith to resolve any issues in respect of the Additional Quantities which DSM is unable to accept for any month(s) stated in the Monthly forecast, according to DSM’s available capacity.

Monthly Forecast. Except for the initial forecast after the Effective Date which shall be provided to DSM within [*] after the Effective Date, Beginning at least [*†] days prior to the first month during which Onyx OMEROS requires Commercial Product from DSM hereunder, Onyx OMEROS shall submit to DSM a written non-binding estimate of its monthly requirements for the such Product for each of the next succeeding eighteen (18) months in the Term (the “Monthly Forecast”). The Monthly Forecast shall be updated monthly on the [*†] day of the month on an eighteen (18) [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. month a rolling basis. If Onyx OMEROS fails to update the Monthly Forecast by such deadlineForecast, then DSM shall be entitled to apply Onyx’s OMEROS’ most recently forecasted requirements for such time frame in planning the production schedule for the Firm Commitment Period (as defined in Section 6.3)schedule; and in such event Onyx OMEROS shall be obligated to purchase such quantities consistent with Onyx’s most recently forecasted requirements for such time frame to the extent that they become part of the Firm Purchase Commitment period as provided hereinCommitment. If DSM is unable lacks the capacity to accept Manufacture (i) quantities stated for any new month in the Monthly Forecast, or (ii) quantities in excess of previously forecasted quantities (collectively, the quantities in (i) and (ii) referred to as “Additional Quantities”), then DSM shall notify Onyx OMEROS in writing within [*] five (5) calendar days after receipt of the Monthly Forecast; otherwise such Additional Quantities shall be deemed to have been approved and accepted by DSM. The Parties shall negotiate in good faith to resolve any issues in respect of the Additional Quantities which that DSM is unable to accept for any month(s) stated in the Monthly forecastForecast, according to DSM’s available capacity. Notwithstanding the two preceding sentences, OMEROS shall in any event be entitled to increase the aggregate quantity of Product specified during any given [†] period of the Monthly Forecast by [†] Batches of Commercial Product, except that DSM shall not be required to Manufacture such Additional Quantities that, at the time requested by OMEROS, are requested to be Manufactured within the current Firm Purchase Period if DSM does not at the time of such request have the capacity to Manufacture such excess quantities during the current Firm Purchase Period.