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.
Appears in 5 contracts
Samples: Collaboration Agreement (Biocept Inc), Collaboration Agreement (Biocept Inc), Collaboration Agreement (Biocept Inc)
