Demand Forecast. Within sixty (60) days of the Effective Date, Life Technologies will prepare a draft one-year rolling forecast of Life Technologies’ expectation for physician requests for the Assay (the “Demand Forecast”), broken down into quarterly demand for the Assay (with respect to each quarter, the “Quarterly Forecast”) which will be attached hereto as Exhibit A, and will be finalized three (3) months before Launch. Beginning on the first day of the second (2nd) full calendar quarter following the date of Launch, the Demand Forecast shall be updated on a quarterly basis. The Demand Forecast and Quarterly Forecasts shall be a good faith but non-binding forecast. In the event the parties develop a Collaboration Assay under the terms of this Agreement, demand for such Collaboration Assay shall be included in the Demand Forecast at all times following the Launch of such Collaboration Assay. A Performance Standard, mutually agreed to in accordance with Section 3.5(i), shall take effect beginning with the second (2nd) full calendar quarter after the launch of any Test.
Demand Forecast. Within thirty (30) days of the Launch of the Assay, Clarient shall deliver to Biocept a two-year rolling forecast of Clarient’s expectation for physician requests for the Diagnostic Tests (the “Demand Forecast”), which Demand Forecast shall be broken down into quarterly demand for the Assay (with respect to each quarter, the “Quarterly Forecast”) and shall be attached hereto as Exhibit A. Beginning on the first day of the second (2nd) full calendar quarter following the date of Launch, the Demand Forecast shall be updated on a quarterly basis. During the first two (2) full calendar quarters following the launch of the Assay, the Demand Forecast shall be a good faith but non-binding forecast for Assay demand, and beginning with the third (3rd) full calendar quarter following launch, the Quarterly Forecast for such calendar quarter shall become binding, and the parties shall mutually agree upon a Performance Standard in accordance with Section 3.5(h). In the event the parties develop a Collaboration Assay under the terms of this Agreement, demand for such Collaboration Assay shall be included in the Demand Forecast at all times following the Launch of such Collaboration Assay, and the Quarterly Forecast for such Collaboration Assay shall similarly become binding, and a Performance Standard mutually agreed to in accordance with Section 3.5(h), beginning with the third (3rd) full calendar quarter after the launch of such Collaboration Assay.
Demand Forecast. 11.3.1. As soon as reasonably practicable, Insmed shall provide written notice to Therapure of the date on which Insmed intends to request the first delivery of ARIKACE for commercial distribution (the “Commercial Manufacturing Date”).
11.3.2. Prior to delivery of the Demand Forecast under Section 11.3.3(i), Insmed and Therapure shall reasonably discuss in good faith Insmed’s anticipated supply requirements for ARIKACE. All such discussions shall be non-binding on both parties.
11.3.3. Insmed shall provide to Therapure:
(i) [***] months before the Commercial Manufacturing Date, an initial forecast covering the [***] month period following the Commercial Manufacturing Date; and
(ii) prior to the first day of each calendar quarter during the Term, commencing with the calendar quarter which includes the Commercial Manufacturing Date, a forecast covering a rolling [***] month period, setting out in each case Insmed’s requirements for ARIKACE for each month during the applicable [***] month period. The forecasts under clauses (i) and (ii) above are “Demand Forecasts”.
11.3.4. Therapure shall accept or reject each Demand Forecast in writing to Insmed within [***] Business Days. Any rejection of a Demand Forecast by Therapure shall be accompanied by a written reason for such rejection. If Therapure fails to provide Insmed with such written acceptance or rejection within the [***] Business Day period, Therapure shall be deemed to have accepted the Demand Forecast. Therapure may only reject a Demand Forecast submitted in accordance with Section 11.3.3 if Therapure is limited by capacity restraints; provided, that the cost of any portion of the ARIKACE under a Demand Forecast rejected by Therapure shall be removed from the applicable Annual Minimum Batch Processing Fee Amount for the applicable Year. Notwithstanding the foregoing, Therapure may not reject (i) any portion of a Demand Forecast containing a previously accepted Binding Portion; or (ii) any portion of a Demand Forecast pursuant to which a Firm Portion becomes a Binding Portion so long as the applicable portion of the Demand Forecast complies with Section 11.3.6.
11.3.5. The first [***] of each Demand Forecast accepted by Therapure shall be binding on Insmed and Therapure and shall obligate Therapure to Manufacture, sell and deliver to Insmed the specified quantity of ARIKACE, all in accordance with the terms and conditions of this Agreement (such first 6 month period, the “Binding Portion”).
11.3.6. The ...
Demand Forecast. Following receipt of a Monthly Planning Statement as contemplated by Section 3.3, the Purchaser shall deliver to Inotera a written non-binding forecast of the Purchaser’s demand (each, a “Demand Forecast”) for the [***] Fiscal Months (or such other period as may be agreed in writing by the Parties) covered by such Monthly Planning Statement. Each Demand Forecast (a) shall include the total number of Conforming Wafers (broken out by Design ID and Process Node) and Pre-Qual Wafers (broken out by Design ID and Process Node) requested by the Purchaser for the period covered by such Demand Forecast (broken out weekly) and (b) shall be consistent with the Committed Purchaser Manufacturing Capacity and Boundary Conditions set forth in the Monthly Planning Statement to which it relates.
Demand Forecast. Intel will provide Micron, either directly or via IMFT pursuant to the IMFT Services Agreement, each Fiscal Month during the Term beginning with the Fiscal Month in which Intel first delivers a demand forecast to IMFT under Section 3.1(a) of the IMFT Supply Agreement - Intel ****, with a written demand forecast (the “Demand Forecast”) covering the next **** Fiscal Months for Designated Technology Memory Wafers. Intel will base the Demand Forecast on Lehi Fab yield forecasts provided by IMFT and the JDP Committee. The Demand Forecast will include Intel's desired Designated Technology Memory Wafer breakout by design id, Process Technology Node, process revision and probe test revision. In addition, the Demand Forecast will include the level of Probe Testing, marking specification, requested delivery date and place of delivery for the Designated Technology Memory Wafers, which information will be updated by Intel on a weekly basis as necessary.
Demand Forecast. Intel will provide Micron, either directly or via IMFT pursuant to the IMFT Services Agreement, each Fiscal Month during the Term beginning in the next full Fiscal Month following the Effective Date, with a written demand forecast of its Probed Wafer needs, in quantities sufficient to satisfy the Minimum Commitment applicable for the current Fiscal Quarter plus the next **** Fiscal Quarters (the “Demand Forecast”). Intel will base the Demand Forecast on Lehi Fab yield forecasts provided by IMFT and the JDP Committees. The Demand Forecast will include desired Probed Wafer breakout by design id, Process Technology Node, process revision and probe test revision. In addition, the Demand Forecast will include the level of Probe Testing, marking specification and packaging requirements, requested delivery date and place of delivery for the Probed Wafers, which information will be updated by Intel on a weekly basis as necessary. Attached as Exhibit B is the initial Demand Forecast, which shall be deemed to have been accepted by Micron in a Response to Forecast (as defined below).
Demand Forecast. Intel will provide Micron, either directly or via IMFT pursuant to the IMFT Services Agreement, beginning [***] the beginning of the Supply Period and on a rolling basis each Fiscal Month thereafter until the end of the Term, with a written demand forecast of its Probed Wafer needs for the immediately following [***] Fiscal Months of the Supply Period, in quantities sufficient to satisfy the Minimum Commitment (the “Demand Forecast”). The Demand Forecast will include desired Probed Wafer breakout by design id, Process Technology Node, process revision and probe test revision. In addition, the Demand Forecast will include the level of Probe Testing, marking specification and packaging requirements, requested delivery date and place of delivery for the Probed Wafers, which information will be updated by Intel on a weekly basis as necessary.
Demand Forecast. DSL Circuits -------------------------------------------------------------------------------- Choice One End Office Month 1 Month 2 Month 3 Avg Speed --------------------------------------------------------------------------------
Demand Forecast demand projected by the Concessionaire in PGI;
Demand Forecast. Edison shall provide ITI each month with a six-month rolling forecast of anticipated product needs (the "MONTHLY DEMAND FORECAST(S))"), which Monthly Demand Forecast shall be nonbinding except as expressly stated below in this PARAGRAPH 6. Edison agrees that it shall be bound to purchase any unique or proprietary raw materials, components or unfinished goods required to support the most current Monthly Demand Forecast. Notwithstanding anything contained herein to the contrary, Edison's obligations under the second sentence of this PARAGRAPH 6 shall survive expiration or termination of this Agreement (other than termination based upon a material breach of this contract by ITI).
