Common use of Forecast of Demand Clause in Contracts

Forecast of Demand. Within sixty days of the start of each calendar quarter, Hologic or its designated manufacturer(s) shall deliver to Ostex a "rolling" forecast of quantities of Critical Reagents to be purchased by Hologic and its designated manufacturer(s) and supplied by Ostex during each month of the following quarter, and each of the subsequent three quarters (the "Rolling Forecast"). Each Rolling Forecast shall be considered a purchase order with respect to the forecasted demand for Critical Reagents over the first three months thereof. The forecasted demand for the first subsequent quarter shall be relied on by Ostex for purposes of its manufacturing and supply obligations hereunder, but Hologic and its designated manufacturer(s) may vary from its initial forecast for such quarter by no more than twenty-five percent (25%). The forecasted demand for the final two quarters of each Rolling Forecast shall be used by Ostex for planning purposes, but Hologic and its designated manufacturer(s) shall not be bound by its initial forecast(s), nor shall Hologic or its designated manufacturer(s) be liable to Ostex with respect to any changes thereto.

Appears in 2 contracts

Samples: Joint Development, License (Ostex International Inc /Wa/), And Supply Agreement (Ostex International Inc /Wa/)

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Forecast of Demand. Within sixty thirty days of the start of each calendar quarter, Hologic or its designated manufacturer(s) Ostex shall deliver to Ostex Hologic a "rolling" forecast of the quantities of Critical Reagents NTx Meter Strips and NTx Meters to be purchased by Hologic and its designated manufacturer(s) Ostex and supplied by Ostex Hologic during each month of the following quarter, ,. and each of the subsequent three quarters (the "`Rolling Forecast"). Each Rolling Forecast shall be considered a purchase order with respect to the forecasted demand for Critical Reagents NTx Meter Strips and NTx Meters over the first three months thereof. The forecasted demand for the first subsequent quarter shall be relied on by Ostex Hologic for purposes of its manufacturing and supply obligations hereunder, but Hologic and its designated manufacturer(s) Ostex may vary from its initial forecast for such quarter by no more than twenty-five percent (25%). The forecasted demand for the final two quarters of each Rolling Forecast shall be used by Ostex Hologic for planning purposes, but Hologic and its designated manufacturer(s) Ostex shall not be bound by its initial forecast(s), nor shall Hologic or its designated manufacturer(s) Ostex be liable to Ostex Hologic with respect to any changes thereto.

Appears in 2 contracts

Samples: Joint Development, License (Ostex International Inc /Wa/), And Supply Agreement (Ostex International Inc /Wa/)

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Forecast of Demand. Within sixty days of the start of each calendar quarter, Hologic Metrika or its designated manufacturer(s) shall deliver to Ostex a "rolling" forecast of quantities of Critical Reagents to be purchased by Hologic Metrika and its designated manufacturer(s) and supplied by Ostex during each month of the following quarter, and each of the subsequent three quarters (the "Rolling Forecast"). Each Rolling Forecast shall be considered a purchase order with respect to the forecasted demand for Critical Reagents over the first three months thereof. The forecasted demand for the first subsequent quarter shall be relied on by Ostex for purposes of its manufacturing and supply obligations hereunder, but Hologic Metrika and its designated manufacturer(s) may vary from its initial forecast for such quarter by no more than twenty-five percent (25%). The forecasted demand for the final two quarters of each Rolling Forecast shall be used by Ostex for planning purposes, but Hologic Metrika and its designated manufacturer(s) shall not be bound by its initial forecast(s), nor shall Hologic Metrika or its designated manufacturer(s) be liable to Ostex with respect to any changes thereto.

Appears in 1 contract

Samples: Marketing Agreement (Ostex International Inc /Wa/)

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