Forecast and Purchase Orders Sample Clauses

Forecast and Purchase Orders. LumiraDx shall provide Flextronics, on a [***] basis, a rolling [***] forecast indicating LumiraDx’s monthly Product and Services requirements (the “Forecast”). Unless a different timeframe is agreed to by the parties, LumiraDx shall on a [***] basis provide purchase orders for the first three (3) month of the then-applicable Forecast and LumiraDx agrees to purchase the amount of Products set out in such purchase order. The purchase orders are to be sent to Flextronics in writing. Flextronics shall inform LumiraDx about the Materials Procurement Lead Time on a quarterly basis.

Forecast and Purchase Orders. The Parties hereby establish a forecast procedure, comprising a binding rolling forecast period and a non-binding long-term range as follows: Customer will provide a good faith rolling forecast covering the current plus next [***] no later than the [***] calendar day of [***], specifying the Product, the ordered quantity, number of batches and the expected Delivery Date (“Forecast”) together with the related Purchase Order. Xxxxxxxxxx will confirm the Forecast and the Purchase Order to Customer within [***] Business Days after the receipt of such a Forecast and Purchase Order. The [***] months of the Forecast shall be binding to both Parties as to the quantity of the Product, number of batches and the Delivery Date (“Binding Forecast”). If Customer cancels any Purchase Order already issued within the Binding Forecast period, Customer shall pay an Exit Fee as follows: Time period of cancellation, rescheduling prior starting Manufacturing Exit Fee (percentage of the Service Fee applicable to the Product in the cancelled Purchase Order) [***] [***] [***] [***] In case an order is cancelled by Customer and needs to be rescheduled within the Binding Forecast period both Parties agree to find in good faith an alternative Manufacturing schedule for the respective Purchase Order in good faith. 14 | Page Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions marked [***]. COMMERCIAL SUPPLY AND SERVICES AGREEMENT - DRUG PRODUCT Xxxxxxxxxx will use reasonable commercial efforts to allocate the reserved production capacity of the above mentioned orders to other customers’ orders. If such allocation will be successful, the Exit Fee will equal to [***].

Forecast and Purchase Orders. (a) Customer shall provide Flextronics, on a *** forecast indicating Customer’s monthly Product requirements. FLEXTRONICS CONFIDENTIAL (b) Unless a different timeframe is set forth in an SOW, Customer shall on a *** basis provide purchase orders for *** of demand: (i) For BTO Products, purchase orders to cover the agreed Lead Time by Product, as set forth in the applicable SOW. (ii) For all other Products, purchase orders for the first *** months of the then-applicable forecast. Such purchase orders shall be issued in accordance with Section 3.2 below.

Forecast and Purchase Orders. Customer shall provide Flextronics, on a [***] basis, a rolling [***] forecast indicating Customer’s [***] Product and Services requirements (the “Forecast”). Unless a different timeframe is agreed to by the parties, Customer shall on a [***] basis provide purchase orders for the first [***] of the then-applicable Forecast, which shall be a non-cancellable portion of the Forecast.

Forecast and Purchase Orders. (a) Customer shall provide Flextronics, on a [*] basis, a rolling [*] ([*]) month forecast indicating Customer’s monthly Product requirements. (b) Unless a different timeframe is set forth in an SOW, Customer shall on a [*] basis provide purchase orders for following portion of the forecast: (i) For BTO Products, purchase orders to cover the agreed Lead Time by Product, as set forth in the applicable SOW. (ii) For all other Products, purchase orders for the first [*] ([*]) months of the then-applicable forecast. Such purchase orders shall be issued and updated [*] in accordance with Section 3.2 and 5 below. If Customer fails to submit required purchase orders as set forth above, then the applicable portions of then-applicable forecast shall be deemed to constitute Customer’s purchase order for such [*].

Forecast and Purchase Orders. Customer shall provide Flextronics, on a monthly basis, a rolling nine (9) month forecast indicating Customer’s monthly Product requirements. , the first three months of the forecast shall constitute a purchase commitment by the Customer (“Purchase Commitment”). For purposes of shipment and invoicing, Customer shall issue purchase orders for the quantities of Products at least equal to the Purchase Commitment.

Forecast and Purchase Orders. 5.1 Each [***], Apple will provide Micron with a [***] rolling forecast of its demand for Micron Products (the “[***]”). The [***] Forecast will be prepared in good faith and reflect Apple’s best estimate of its demand for Micron Products. Each [***] Forecast will show volume and density requirements for the first [***] of such Forecast by week and for the second through [***] by month. [***] Forecasts will be delivered no later than November 30, February 28, May 30, and August 30 of each year for the [***] commencing on the first, second, third and fourth calendar [***], respectively; provided, however, that the first [***] Forecast will be delivered upon payment of the Initial Pre-Payment under Section 7.1 for the subsequent [***]. Micron will respond with a statement of supply availability for the [***] covered by such [***] Forecast within [***] ([***]) business days of receipt of the [***] Forecast. The supply availability will be prepared in good faith and reflect Micron’s best estimate of its ability to supply Micron Products during such period. 5.2 On or before [***], Apple will give Micron a forecast for Apple’s demand for Micron Products, including volume and density, for the upcoming [***] (the “[***] Forecasts”). The [***] Forecasts will include forecasts for current and future Micron Products. 5.3 The rolling [***] Forecast and the [***] Forecast provided by Apple are for planning purposes only and do not constitute an obligation to purchase. 5.4 Micron will accept all purchase orders and, in the case of blanket purchase orders, subsequent shipping orders (“P.O.s”), submitted by Apple for Micron Products within the Supply Commitment, except that (i) if the total GBs of Micron Product in any P.O. for a quarter would exceed the Supply Commitment for such quarter, Micron shall not be obligated to accept such P.O. for such excess Micron Product; (ii) Micron shall not be obligated to accept any P.O. to the extent such P.O. would cause the amount of Micron Products to be delivered to Apple in the [***] or [***] month of a calendar quarter, respectively, to exceed [***] percent ([***]%) of the Supply Commitment for such quarter; and (iii) Micron shall not be obligated to accept any P.O. in any calendar quarter to the extent that the total GBs of the highest density of NAND flash die contained in the Micron Products ordered pursuant to a P.O. for Micron Products (when aggregated with the other P.O.s for such Micron Products for delivery during such qu...

Forecast and Purchase Orders. D&D shall provide forecasts and purchase orders to DUSA for Product as follows: (a) [C.I.] D&D shall provide DUSA with a forecast of D&D’s quantity requirements for the applicable commercial launch of the Product and [C.I.] period following such launch. D&D shall send to DUSA a notice (the “Launch Notice”) with respect to such Product that shall contain the following: (i) a statement of [C.I.] Launch Date of such Product; and; (ii) a [C.I.] forecast of the quantities that [C.I.] purchased by D&D [C.I.] the Launch Date. (b) [C.I.] anticipated Launch Date of the Product in the Territory, D&D shall provide DUSA with [C.I.] purchase order for its requirements for commercial launch of the Product which shall be for an amount of Product [C.I.] D&D’s [C.I.] of forecasted sales. Thereafter D&D shall issue purchase orders for its requirements of Product on the last day of each calendar quarter. (c) Each purchase order shall be accompanied by a rolling forecast of D&D’s requirements of Product [C.I.] for which the purchase order pertains, provided however that [C.I.] purchase order or forecasts for any time beyond the Term of this Agreement. If a required forecast for a quarter is not timely submitted, the [C.I.] shall [C.I.]. (d) Each purchase order (including without limitation those provided to DUSA [C.I.] of the Product) shall be firm and binding. (e) Each purchase order shall specify the delivery date for the Product and the quantity of Product ordered. The delivery date shall be [C.I.] following the date such purchase order is issued. The quantity of Product specified in a purchase order shall [C.I.] the most recent previous forecast for such quarter, [C.I.]. Note: Certain portions of this document have been marked “[c.i.]” to indicate that confidential treatment has been requested for this confidential information. The confidential portions have been omitted and filed separately with the Securities and Exchange Commission. (f) D&D’s forecasts and purchase orders shall reflect [C.I.] of customer demand and D&D shall [C.I.] to schedule orders to avoid creating production capacity problems for DUSA. (g) All Product, [C.I.] shall be delivered by DUSA to D&D [C.I.] to the destination specified in the applicable purchase order. D&D shall [C.I.] shipping and insurance to the Territory, and [C.I.] in connection therewith. Title and risk of loss for the Product shall [C.I.] following delivery of the Product to [C.I.] utilized by DUSA. (h) D&D shall have [C.I.] except ...

Forecast and Purchase Orders. XXXXXXX shall provide forecasts and purchase orders to DUSA for Product as follows: (a) Within [C.I.] ([C.I.]) months of the Effective Date with respect to Brazil, and within [C.I.] ([C.I.]) months prior to any other anticipated Registration relating to the Product, XXXXXXX shall provide DUSA with a forecast of XXXXXXX'x quantity requirements for the applicable commercial launch of the Product and the [C.I.] period following such launch. XXXXXXX shall send to DUSA a notice (the "LAUNCH NOTICE") with respect to such Product that shall contain the following: (i) a statement of the estimated Launch Date of such Product; and;

Forecast and Purchase Orders. 8.1. The Parties hereby establish a forecast procedure as follows. 8.2. Customer will provide a good faith rolling forecast covering the current plus next [***] no later than the [***] Business Day of each calendar [***], specifying the Product, the ordered quantity, number of batches and the expected Delivery Date (“Forecast”). AENOVA will confirm Forecast to Customer within [***] Business Days after the receipt of such a Forecast and provide firm production schedule. The current [***] plus the first [***] of Forecast shall be firm demand (“Binding Period”) to both Parties as to the quantity of Product, number of batches and Delivery Date. Customer will issue Purchase Orders upon confirmation of Forecast reflecting the quantities of Binding Period, the batch number and requested Delivery Date. AENOVA will confirm Purchase Order and Delivery Date within [***] Business Days of receipt of such Purchase Order. 8.3. In case Purchase Order is changed by Customer and needs to be rescheduled within Binding Period, both Parties agree to find in good faith an alternative Manufacturing schedule for respective Purchase Order. 8.4. For orders cancelled at least [***] calendar days prior to confirmed Delivery Date, a cancellation penalty of [***]% of the order cost will be due. For orders cancelled at least [***] days prior to the confirmed Delivery Date, a cancellation penalty of [***]% of the order cost will be due. Orders with less than [***] days to confirmed Delivery Date are non-cancellable.