Common use of Orders and Forecasts Clause in Contracts

Orders and Forecasts. 7.1 [ * ] Product Supply Forecast. For capacity planning purposes, by [ * ], Company shall provide Hospira with a written forecast of Company’s [ * ] requirements of Product for the [ * ] beginning on [ * ]. Thereafter, by [ * ] of each [ * ] Company shall update such rolling [ * ] forecast of its requirements of Product for the period commencing on [ * ] of the next [ * ]. The forecast for the first [ * ] in any [ * ] forecast submitted to Hospira by Company under this Section 7.1 is referred to herein as the “[ * ] Forecast.” The [ * ]. Upon receipt of each rolling [ * ] estimate, Hospira shall within [ * ] days, provide Company a written acceptance of the estimate and accordingly plan to allocate its [ * ] capacity to manufacture Product for Company, or provide a written rejection of the [ * ] forecast. Any such written acceptance shall constitute Hospira’s Product supply commitment (“Product Supply Commitment”) for [ * ] covered by the forecast. If Company issues, and Hospira accepts, a subsequent [ * ] forecast covering one or more previously covered [ * ], such subsequent forecast shall constitute Hospira’s Product Supply Commitment for such [ * ]. In the event Hospira rejects a [ * ] forecast, Hospira and Company shall meet as soon as possible to discuss in good faith the quantities of Product that Hospira could provide during each of the [ * ] covered by the forecast. Any such amount shall be agreed to in writing. 7.2 First [ * ] Estimate. Company shall, within [ * ] days after filing its first submission to FDA for amendment of the marketing authorization for Product to include Hospira as a source of manufacture of the Product for commercial distribution and sale in the U.S. (and/or foreign equivalent), provide Hospira with a written estimate of Company’s [ * ] requirements of Product to be supplied by Hospira for the first [ * ]. Hospira acknowledges that such quantities are estimates only and are nonbinding.

Appears in 1 contract

Sources: Development and Supply Agreement (Tercica Inc)

Orders and Forecasts. 7.1 [ * 6.1 [*] Product Supply Forecast. For capacity planning purposes, by [ * [*], Company shall provide Hospira with a written forecast of Company’s [ * ] 's annual requirements of Product for the [ * ] beginning on [ * [*]. Thereafter, by [ * [*] of each [ * ] calendar year Company shall update such rolling [ * [*] forecast of its requirements of Product for the period commencing on [ * ] of the next [ * ]. The forecast for the first [ * ] in any [ * ] forecast submitted to Hospira by Company under this Section 7.1 is referred to herein as the “[ * ] Forecast.” The [ * [*]. Upon receipt of each rolling [ * [*] estimate, Hospira shall within [ * ] ninety (90) days, provide Company a written acceptance of the estimate and accordingly plan to allocate its [ * ] annual capacity to manufacture Product for Company, or provide a written rejection of the [ * [*] forecast. Any such written acceptance shall constitute Hospira’s 's Product supply commitment ("Product Supply Commitment") for [ * ] each of the calendar years covered by the forecast. If Company issues, issues and Hospira accepts, a subsequent [ * [*] forecast covering one or more previously covered [ * ]calendar years, such subsequent forecast shall constitute Hospira’s 's Product Supply Commitment for such [ * ]calendar year(s). In the event Hospira rejects a [ * [*] forecast, Hospira and Company shall meet as soon as possible to discuss in good faith the quantities of Product that Hospira could provide during each of the [ * [*] covered by the forecast. Any such amount shall be agreed to in writing. 7.2 First [ * 6.2 [*] Estimate. Company shall, within [ * ] days after filing its first submission to FDA for amendment of the marketing authorization for Product to include Hospira as a source of manufacture of the Product for commercial distribution and sale in the U.S. (and/or foreign equivalent)shall [*], provide Hospira with a written estimate of Company’s [ * ] 's quarterly requirements of Product to be supplied by Hospira for the first [ * [*]. Hospira acknowledges that such quantities are estimates only and are nonbinding.

Appears in 1 contract

Sources: Development and Supply Agreement (NPS Pharmaceuticals Inc)