Rolling Quarterly Forecasts Clause Samples

Rolling Quarterly Forecasts. Beginning with the Calendar Quarter ending June 30, 2011, and on or prior to the last day of the second to last month in each such Calendar Quarter, Roka shall update its prior Forecast by extending the Forecast to cover a period of not less than twelve (12) months starting with the first day of the second Calendar Quarter thereafter (which date is referred to as the “Forecast Start Date”). As an example, the updated Forecast for the 12 month period from October 1, 2011 to September 30, 2012 will be provided by Roka to Gen-Probe on or before May 31, 2011 and the “Forecast Start Date” for such Forecast shall be October 1, 2011. Gen-Probe shall respond to each Forecast in writing (which term expressly includes email correspondence) within thirty (30) days indicating whether and to what extent it will be able to commit to supply Roka with its requirements as indicated in the applicable Forecast; provided, however, that for each Calendar Year after the 2011 Calendar Year Gen- Probe shall commit to supply Roka with an aggregate of at least [*] Panther Instruments per Calendar Year (so long as Roka’s Forecast for such Calendar Year is at least equal to an aggregate of [*] Panther Instruments). For the avoidance of doubt, Gen-Probe shall not decline to commit to supply Roka with any portion of Roka’s Forecasted requirements to the extent that Gen-Probe and/or its Third Party contract manufacturer has the production capacity to first meet all of Gen-Probe’s requirements for itself and for Gen-Probe’s other customers, and to fill such Roka Forecasted requirements or portions thereof. Notwithstanding the foregoing, the Parties acknowledge and agree that with respect to requirements for Panther Instruments in 2011 such updated Forecasts shall be for planning purposes only because the final version of the 2011 Forecast shall control with respect to Roka’s requirements for Panther Instruments in 2011. Absent Gen-Probe’s prior written consent, with respect to each such updated Forecast, Roka may not modify the previously-forecasted amount of Panther Instruments for the Calendar Quarter following the Forecast Start Date, and Roka may not increase or decrease its Forecast for Panther Instruments for the Calendar Quarter covering the fourth through sixth months of the Forecast by more than twenty-five percent (25%) from the previously forecasted amount for such Calendar Quarter.
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Related to Rolling Quarterly Forecasts

  • Rolling Forecasts The Client shall provide Patheon with a written non-binding [ * ] forecast of the volume of each Product that the Client then anticipates will be required to be produced and delivered to the Client during each [ * ] of that [ * ] period. Such forecast will be updated by the Client [ * ] on or before the [ * ] day of each [ * ] on a rolling [ * ] basis. The most recent [ * ] forecast shall prevail.

  • Rolling Forecast (i) On or before the fifteenth (15th) calendar day of each month during the Term (as defined in Section 6.1 herein), Buyer shall provide Seller with an updated eighteen (18) month forecast of the Products to be manufactured and supplied (each a “Forecast”) for the eighteen (18) month period beginning on the first day of the following calendar month. The first two months of each Forecast will restate the balance of the Firm Order period of the prior Forecast, and the first three (3) months of the Forecast shall constitute the new Firm Order period for which Buyer is obligated to purchase and take delivery of the forecasted Product, and the supply required for the last month of such new Firm Order period shall not be more than one (1) full Standard Manufacturing Batch from the quantity specified for such month in the previous Forecast (or Initial Forecast, as the case may be). Except as provided in Section 2.2(a), Purchase Orders setting forth Buyer’s monthly Product requirements will be issued for the last month of each Firm Order period no later than the fifteenth calendar day of the first month of each Firm Order period, and such Purchase Order will be in agreement with the Firm Order period of the Forecast. If a Purchase Order for any month is not submitted by such deadline, Buyer shall be deemed to have submitted a Purchase Order for such month for the amount of Product set forth in Buyer’s Forecast for such month. (ii) The remainder of the Forecast shall set forth Buyer’s best estimate of its Product production and supply requirements for the remainder of the Forecast period. Each portion of such Forecast that is not deemed to be a Firm Order shall not be deemed to create a binding obligation on Buyer to purchase and take delivery of Products nor a binding obligation of Seller to deliver Products, except as otherwise provided in Section 2.2(f). (iii) Forecast and Purchase Orders shall be in full Standard Manufacturing Batches. If a Product has multiple SKUs, then the composite of the forecasted SKU must equate to the Standard Manufacturing Batch. One Purchase Order shall be issued for each full Standard Manufacturing Batch of Product and contain the required information set forth in Section 2.2(e) hereof.

  • Forecast Customer shall provide Flextronics, on a monthly basis, a rolling [***] forecast indicating Customer’s monthly Product requirements. The first [***] of the forecast will constitute Customer’s written purchase order for all Work to be completed within the first [***] period. Such purchase orders will be issued in accordance with Section 3.2 below.

  • Annual Forecasts As soon as available and in any event no later than 90 days after the end of each Fiscal Year, forecasts prepared by management of the Borrower, in form satisfactory to the Administrative Agent, of balance sheets, income statements and cash flow statements on an annual basis for the Fiscal Year following such Fiscal Year.

  • Contract Quarterly Sales Reports The Contractor shall submit complete Quarterly Sales Reports to the Department’s Contract Manager within 30 calendar days after the close of each State fiscal quarter (the State’s fiscal quarters close on September 30, December 31, March 31, and June 30). Reports must be submitted in MS Excel using the DMS Quarterly Sales Report Format, which can be accessed at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/business_operations/ state_purchasing/vendor_resources/quarterly_sales_report_format. Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website is the responsibility of the Contractor without prompting or notification from the Department’s Contract Manager. If no orders are received during the quarter, the Contractor must email the DMS Contract Manager confirming there was no activity.