Forecast and Orders Sample Clauses

Forecast and Orders. Subject to this clause, the process for forecasting and ordering (including CM's response to orders) the Products shall be in accordance with Schedule 2.

Forecast and Orders. 4.1 Bontex will provide before the 15th of each month the quantities to be delivered the following month.

Forecast and Orders. 3.1 Exclusively in order to facilitate Supplier in carrying out production planning appropriately, Customer will provide Supplier with a non-binding estimate of Customer’s annual requirements for the Contracted Product for each calendar year by September 30th of the previous calendar year. A more detailed non-binding forecast shall be given by Customer to Supplier by October 31st of each calendar year, setting out the anticipated quantities on a month by month

Forecast and Orders. (a) Within thirty (30) days of the Effective Date (or a date mutually agreed upon by the parties), Abboxx xxxll furnish to Corixa a rolling quarterly forecast for the quantities of Materials that Abboxx xxxends to order during the twelve (12) month period, commencing no sooner than ninety (90) days from the date of the forecast. Prior to the initiation of Clinical Lots of Licensed Product, such forecast shall be used for planning purposes only. Following initiation of Clinical Lots of Licensed Product, the first [***] months of such forecast shall constitute a binding commitment upon Abboxx xx purchase such quantities as evidenced by purchase orders received from Abboxx xx accordance with Section 9.3 (b). The balance of such forecast shall merely represent reasonable estimates for planning purposes only [***]. Abboxx xxxll update such forecast quarterly. (b) Abboxx xxxll place each purchase order with Corixa for Materials to be delivered hereunder at least ninety (90) days prior to the delivery date specified in each respective order. Corixa hereby guarantees such ninety (90) day delivery from the receipt of each purchase order and shall accept such firm orders placed by Abboxx xxxhin ten (10) days of receipt for that amount of Materials which varies no more than +/- [***] of the then current estimate for the applicable period. For orders of Materials that exceed [***] of the then current estimate for the applicable period, Corixa shall use its reasonable best efforts to meet the ninety (90) day delivery date. If Corixa is unable to deliver on the specified date, Corixa may decline to provide that amount of Materials which exceeds [***] of the most current forecast underlying such order, provided, that it is declined in writing and is delivered to Abboxx xxxhin ten (10) days of Corixa's receipt of the order. Corixa shall deliver against each such order in accordance with Section 9.

Forecast and Orders. Within fifteen (15) days from the beginning of each calendar quarter BIODEL shall furnish to Diosynth a rolling forecast of its requirements of the Substance during the next four calendar quarters whereby the required quantities for the first calendar quarter shall be a binding order for supply of the Substance and shall not deviate more than 20% (twenty percent) from the forecast formerly provided to Diosynth.

Forecast and Orders. 2.1.1 Upon execution of this Agreement, and no later than thirty (30) days after each succeeding anniversary date of this Agreement, OccuLogix Corp. shall submit to MESYS an annual rolling forecast. OccuLogix Corp. guarantees that for the term of this Agreement will purchase 25 units of the Product Octo Nova per year beginning after FDA approval (12 month period). 2.1.2 OccuLogix Corp. shall submit to MESYS purchase orders indicating the type and quantity of Product required. OccuLogix Corp. shall submit such purchase orders regularly in the form of a rolling forecast over a period of 12 months, whereby the running and the following 3 subsequent months shall be binding orders allowing lead time of thirty (30) business days for MESYS to fill the orders. OccuLogix Corp. purchase orders shall be deemed accepted by MESYS unless it notifies OccuLogix Corp. to the contrary within ten (10) business days of its receipt thereof. 2.1.3 All sales of the Products by MESYS to OccuLogix Corp. and orders from OccuLogix Corp. to MESYS shall be subject to the provisions of this Agreement, and shall not be subject to the terms and conditions contained in any purchase order of MESYS or OccuLogix Corp.

Forecast and Orders. 18.01 With the submission by Recordati of the PO set out under Paragraph 17.02, 17.03 and 17.04 above, and every month thereafter, Recordati shall provide ARS with a written rolling forecast of Recordati’s expected requirements of Product on a country-by-country basis during the following [***] (each, a Forecast). For clarity, the initial rolling forecast that Recordati shall provide to ARS shall cover the [***] after expected First Launching Date. 18.02 Except for the first PO for each Strength as described under Clause 17 above, Recordati shall submit to ARS a written binding and irrevocable proposal to purchase the Product at [***] prior to the date of delivery set out in such order (each a PO). It is agreed that any PO shall, inter alia, include: (i) name of the Product including Presentation (per each Strength); (ii) the quantities of the Presentation (per each Strength) required on a country by country basis; (iii) the date by which the Presentation must be delivered and any delivery instructions; (iv) the delivery address; (v) the indication of the relevant Recordati Livery to be used to label and package the Presentation (per each Strength); and (vi) the Aggregate Supply Price. 18.03 The Parties acknowledge and agree that notwithstanding anything to the contrary: (i) the Forecast shall not be binding upon Recordati or ARS and shall be used for planning purposes only; however, the first [***] of Product forecasted in each Forecast delivered to ARS following the First Launching Date shall be binding upon ARS and Recordati unless otherwise agreed in writing by both Parties. In addition, starting from the first anniversary of the First Launching Date, if the PO related to the [***] of Product forecasted in each Forecast is lower by more [***] from the [***] of Product forecasted in the previous Forecast, Recordati shall be responsible for cost of the excess Product if ARS cannot sell such excess Product outside the Territory; (ii) each PO shall automatically be deemed binding if not rejected in writing by ARS within [***] following the issuance thereof and ARS shall not have the right to reject POs which comply with the provisions set out in this Agreement; and (iii) the Parties shall use their Commercially Reasonable Efforts in order to supply Product and to quickly react to the market demand of Products (or change thereof). However, ARS shall not be obligated to Manufacture or supply Recordati with Product in excess of [***] of the most recent [***] ...

Forecast and Orders. Sections 6.1, 6.2, and 6.3 of the Agency and Distribution Agreement shall be amended by replacing the phrase “ “Clinical Studies of the 2016 and 2019 Products” with “Clinical Studies of the Products” and replacing “the 2016 and 2019 Products” and “the 2016 and 2019 Product IMPs,” with “the Products” and “the Product IMPs” as applicable, in each instance.

Forecast and Orders. All orders for Products submitted by Buyer shall be initiated by written purchase orders sent to Fluidigm requesting a delivery date during the term of this Agreement. To facilitate Fluidigm’s production scheduling, Buyer shall submit purchase orders for Products to Fluidigm in accordance with Fluidigm’s then current lead time for that Product. No order shall be binding upon Fluidigm until accepted by Fluidigm in writing, and Fluidigm shall have no liability to Buyer with respect to purchase orders that are not accepted. Fluidigm shall notify Buyer of the acceptance or rejection of an order and of the assigned ship date for accepted orders within ten (10) days of receipt of the purchase order. No partial shipment of an order shall constitute the acceptance of the entire order, absent the written acceptance of such entire order.

Forecast and Orders. (a) On an annual basis, at the beginning of each calendar year during the term of this Agreement, VINTAGE shall provide NORAMCO with a non-binding written forecast of VINTAGE’S expected requirements for Products during that year. This forecast shall be updated at the beginning of each calendar quarter. VINTAGE shall place binding orders for Products which shall include package sizes required by written purchase order to NORAMCO, which shall be placed at least thirty (30) days prior to the desired date of delivery.