Common use of Subsequent Forecasts Clause in Contracts

Subsequent Forecasts. For all forecasts subsequent to the initial forecasts set forth in Section 4.1, at least nine (9) months before the beginning of each calendar quarter, Chiron shall place a binding order (“Firm Order”) with Rhein Biotech and GCVC for the quantities of the Product required for such calendar quarter. At the same time, Chiron shall provide an additional, non-binding estimate for the subsequent twenty-four (24) months, the estimates for the first six (6) months of the twenty-four (24) months being provided by month. Each Firm Order for the Product shall be not less than 75% nor more than 125% of the latest non-binding estimate for such Product for the applicable calendar quarter during the first two (2) years of sale of such Product, and thereafter no less than 90% nor more than 110% of the latest non-binding estimate for such Product for the applicable calendar quarter. A Firm Order may not be cancelled. Notwithstanding the foregoing, Rhein Biotech and GCVC shall make every reasonable effort to comply with unplanned changes in Firm Orders, but shall not be held liable for its inability to do so. In each Firm Order for any calendar quarter, Rhein Biotech and GCVC shall state, after consultation with Chiron, a reasonable delivery schedule for the Product to be delivered in that calendar quarter.

Subsequent Forecasts. For all forecasts subsequent to the initial forecasts set forth in Section 4.1, at least nine (9) months before the beginning of each calendar quarter, Chiron Rhein Biotech and GCVC shall place a binding order (“Firm Order”) with Rhein Biotech and GCVC Chiron for the quantities of the Product Bulk Chiron Material required for such calendar quarter. At the same time, Chiron Rhein Biotech and GCVC shall provide an additional, non-binding estimate for the subsequent twenty-four (24) months, the estimates for the first six (6) months of the twenty-four (24) months being provided by month. Each Firm Order for the Product Bulk Chiron Material shall be not less than 75% nor more than 125% of the latest non-binding estimate for such Product Bulk Chiron Material for the applicable calendar quarter during the first two (2) years of sale of such Product, and thereafter no less than 90% nor more than 110% of the latest non-binding estimate for such Product Bulk Chiron Material for the applicable calendar quarter. A Firm Order may not be cancelled. Notwithstanding the foregoing, Rhein Biotech and GCVC Chiron shall make every reasonable effort to comply with unplanned changes in Firm Orders, but shall not be held liable for its inability to do so. In each Firm Order for any calendar quarter, Rhein Biotech and GCVC Chiron shall state, after consultation with ChironRhein Biotech and GCVC, a reasonable delivery schedule for the Product Bulk Chiron Material to be delivered in that calendar quarter.