Common use of Orders and Forecasts Clause in Contracts

Orders and Forecasts. All purchases under this Agreement shall be made by Orders issued by Customer from time to time subject to acceptance by Lucent. Lucent reserves the right to place any Order on hold, delay shipment, suspend performance, and/or reject any Order due to, but not limited to: (a) the breach or default by Customer of any of its obligations under this Agreement; (b) CUstomer's insufficient credit as determined by Lucent. Orders that have been accepted by Lucent may not be canceled without the express written consent of Lucent. Each Order shall reference this Agreement and shall be subject only to the terms and conditions of this Agreement. Terms and conditions contained in an Order that are inconsistent with this, including any pre-printed terms and conditions on such Order, shall be ineffective and void. Customer shall send Orders to the address specified by Lucent. Customer shall provide Lucent with a rolling twelve (12) month non-binding forecast of product requirements, including configuration. Customer shall provide the initial forecast within one week of the date of this Agreement, and thereafter shall update the forecast at least monthly.

Appears in 2 contracts

Sources: Systems Integrator Agreement (Mphase Technologies Inc), Systems Integrator Agreement (Mphase Technologies Inc)