Use of Forecasts Clause Samples

Use of Forecasts. Forecasts provided pursuant to this Agreement are not binding on BLC or Verizon.

Use of Forecasts. Forecasts provided pursuant to this Agreement are not binding on CLC or Frontier.

Use of Forecasts. Forecasts provided pursuant to this Agreement are not binding on ▇▇▇▇▇▇ or Verizon.

Use of Forecasts. Forecasts provided pursuant to this Agreement are not binding on ENT or Verizon.

Use of Forecasts. Forecasts provided pursuant to this Agreement are not binding on ADSC or Frontier.

Use of Forecasts. VTM will reference the latest available Forecasts when ordering Inventory (excluding the OptiNose Components which shall be ordered by OptiNose) necessary or appropriate to fulfill the forecasted DSA requirements, taking into account necessary lead times, volume-based pricing, the applicable Inventory’ expiration periods, the Binding Period, and any Purchase Orders for DSAs outside the Binding Period. VTM may purchase such Inventory (including minimum quantities required by suppliers) on the basis of OptiNose’s most recent Forecasts for the applicable Binding Period and, further, the Forecast for the longer period in the case of such Inventory having a longer lead time than [***]. Notwithstanding anything contained in this Agreement to the contrary and other than as set forth in Section 3.09(d), in no case shall VTM maintain more than a [***] supply of Inventory (other than OptiNose Components) based on the then [***] rolling forecast without OptiNose’s prior written consent. Beginning on July 1, 2020 and on an annual basis thereafter, if less than [***] DSAs are assembled over the prior [***] period (and such shortage is due to OptiNose ordering less than this amount and not due to any production delays attributable to VTM or otherwise), OptiNose will pay a fee equal to the number of DSAs below [***] not assembled over the relevant [***] period multiplied by [***] of the assembly fee set forth in Exhibit A (for example, if only [***] DSAs were assembled during the relevant [***] period then the amount due is $[***] ([***] multiplied by $[***] ([***] of $[***]))].

Use of Forecasts. Forecasts provided pursuant to this Agreement are not binding on NHC or Verizon.

Use of Forecasts. Forecasts provided pursuant to this Agreement are not binding on Everstream or Frontier.

Use of Forecasts. Forecasts provided pursuant to this Agreement are not binding on Cost Plus or Verizon.