Exceeding the Forecast Clause Samples
The "Exceeding the Forecast" clause defines the procedures and consequences when actual demand or orders surpass the quantities previously forecasted by a party, typically in a supply or sales agreement. This clause may specify how much additional product or service the supplier is obligated to provide beyond the forecasted amount, set limits on the supplier's responsibility, or outline the process for negotiating increased volumes. Its core practical function is to manage expectations and obligations when demand exceeds projections, thereby reducing the risk of supply shortages or disputes between the parties.
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Exceeding the Forecast. Should BD request West to supply Products in excess of the applicable Forecast, West shall use commercially reasonable efforts to meet BD’s request. BD Spain and West will develop a program to improve forecasts and deliveries by June 1, 2008; provided that if the program is not developed and implemented by that date, any penalties that have been or could be imposed pursuit to Section 6.5.2 shall be waived for the particular circumstances giving rise to such penalty.
Exceeding the Forecast. Should OUTSET request Supplier to Supply Products in excess of the applicable Forecast, up to [***]% of the Forecast for any applicable period, Supplier shall use its best efforts to:
i. accept unplanned orders;
ii. accelerate delivery dates of existing orders; or
iii. accept increases in quantities on existing orders.