Common use of Purchase Orders Forecasts Clause in Contracts

Purchase Orders Forecasts. From time to time, NxStage shall submit binding Purchase Orders for Products not less than [**] days prior to the first requested Shipping Date for such Products. The Purchase Orders shall be made by NxStage in writing and sent via fax, email, personal delivery or courier to PiSA. PiSA shall confirm receipt in a term of [**] working days following receipt of the same. NxStage shall also provide to PiSA on a monthly basis a rolling forecast of its expected Product purchase requirements from PiSA for the succeeding [**] month period, the first [**] months of which shall be binding with firm Purchase Orders. Each Purchase Order shall specify the Product name, Product number and quantities of each of the Products to be purchased, the desired Shipping Dates and shipping instructions. PiSA shall accept all Purchase Orders that are in line with the Minimum Purchase Commitment (as defined below) assuming the annual Minimum Purchase Commitment is spread equally on a monthly basis) and shall manufacture and supply the Products corresponding to the quantities and Shipping Dates set forth in such Purchase Orders. PiSA shall use commercially reasonable efforts to accept and satisfy all orders that exceed NxStage’s Minimum Purchase Commitment as well as rolling forecasts and shall notify NxStage within [**] working days of receipt of any Purchase Order if PiSA is not able to satisfy such Purchase Order. Unless NxStage receives written notice from PiSA within such [**] working day period, PiSA shall be deemed to have accepted such Purchase Order placed by NxStage.