Common use of Estimates of Requirements Clause in Contracts

Estimates of Requirements. (a) At the same time Buyer issues its ** ** Purchase Order, and by the last day of each calendar month thereafter, Buyer shall deliver to Seller a written, ** **forecast of Buyer's requirements for Products. The first ** ** of each such ** ** forecast shall be ** ** upon Buyer (the “Binding Forecast”) and the remaining nine (9) months of each such forecast will be ** ** and subject to adjustment. Seller shall, no later than ** ** days after receipt of each ** ** forecast delivered pursuant to this Section, notify Buyer of any prospective problems of which Seller is aware that might prevent Seller from meeting Buyer’s forecasted requirements or estimated delivery dates. In the event Seller so notifies Buyer of any issues in meeting quantities, Seller shall state in writing the quantity of Products it estimates it can deliver and Buyer shall only be required to purchase such revised quantity. (b) In addition to the forecasts delivered pursuant to Section 1.6(a), above, Buyer will create a ** ** forecast for Products, the ** ** of which will be ** ** this Agreement is signed and delivered and which will be attached hereto as Exhibit C. For the avoidance of doubt, Exhibit C is being delivered for planning purposes only and no portion of Exhibit C will be binding on either Party hereto. (c) Seller and Buyer agree to cooperate with each other and work jointly to establish and maintain a smooth and efficient timetable for the manufacture and supply of Products to Buyer hereunder. Seller shall use commercially reasonable efforts to supply Buyer with ** ** Product requirements, including, but not limited to, the use of commercially reasonable efforts to accommodate "Rush" orders from Buyer; provided, however, Seller shall not be in breach of this Agreement for any failure or delay to supply quantities of Products which exceed the** ** Forecast for the ** ** by more than ** **.

Estimates of Requirements. (a) At the same time Buyer issues its ** ** Initial Purchase Order, and by the last day of each calendar month thereafter, Buyer shall deliver to Seller a written, ** **twelve-month rolling forecast of Buyer's requirements for Products. The first ** ** three (3) months of each such ** ** twelve-month rolling forecast shall be ** ** binding upon Buyer (the “Binding Forecast”) and the remaining nine (9) months of each such forecast will be ** ** non-binding and subject to adjustment. Seller shall, no later than ** ** twenty-five (25) days after receipt of each ** ** twelve-month rolling forecast delivered pursuant to this Section, notify Buyer of any prospective problems of which Seller is aware that might prevent Seller from meeting Buyer’s forecasted requirements or estimated delivery dates. In the event Seller so notifies Buyer of any issues in meeting quantities, Seller shall state in writing the quantity of Products it estimates it can deliver and Buyer shall only be required to purchase such revised quantity. (b) In addition to the forecasts delivered pursuant to Section 1.6(a), above, Buyer will create a ** ** non-binding twelve-month forecast for Products, the ** ** first month of which will be ** ** the month this Agreement is signed and delivered and which will be attached hereto as Exhibit C. For the avoidance of doubt, Exhibit C is being delivered for planning purposes only and no portion of Exhibit C will be binding on either Party hereto. (c) Seller and Buyer agree to cooperate with each other and work jointly to establish and maintain a smooth and efficient timetable for the manufacture and supply of Products to Buyer hereunder. Seller shall use commercially reasonable efforts to supply Buyer with ** ** all of its Product requirements, including, but not limited to, the use of commercially reasonable efforts to accommodate "Rush" orders from Buyer; provided, however, Seller shall not be in breach of this Agreement for any failure or delay to supply quantities of Products which exceed the** ** the Binding Forecast for the ** ** then-current month by more than ** ** percent ** **.

Estimates of Requirements. (a) At the same time Buyer issues its ** ** Purchase Order, and by the last day of each calendar month thereafter, Buyer shall deliver to Seller a written, ** **forecast of Buyer's requirements for Products. The first ** ** of each such ** ** forecast shall be ** ** upon Buyer (the “Binding Forecast”) and the remaining nine (9) months of each such forecast will be ** ** and subject to adjustment. Seller shall, no later than ** ** days after receipt of each ** ** forecast delivered pursuant to this Section, notify Buyer of any prospective problems of which Seller is aware that might prevent Seller from meeting Buyer’s forecasted requirements or estimated delivery dates. In the event Seller so notifies Buyer of any issues in meeting quantities, Seller shall state in writing the quantity of Products it estimates it can deliver and Buyer shall only be required to purchase such revised quantity. (b) In addition to the forecasts delivered pursuant to Section 1.6(a), above, Buyer will create a ** ** forecast for Products, the ** ** of which will be ** ** this Agreement is signed and delivered and which will be attached hereto as Exhibit C. For the avoidance of doubt, Exhibit C is being delivered for planning purposes only and no portion of Exhibit C will be binding on either Party hereto. (c) Seller Xxxxxx and Buyer Xxxxx agree to cooperate with each other and work jointly to establish and maintain a smooth and efficient timetable for the manufacture and supply of Products to Buyer hereunder. Seller shall use commercially reasonable efforts to supply Buyer with ** ** Product requirements, including, but not limited to, the use of commercially reasonable efforts to accommodate "Rush" orders from Buyer; provided, however, Seller shall not be in breach of this Agreement for any failure or delay to supply quantities of Products which exceed the** ** Forecast for the ** ** by more than ** **.