Common use of Forecast Variability Clause in Contracts

Forecast Variability. If BIT consents to an increase or decrease of the forecasted quantities of Products beyond the [***] percent ([***]%) described in Section 4.1, then BIT shall have the right, in its sole discretion, to charge Client an additional fee (i.e., overtime) incurred for such increase or decrease and Client shall pay to BIT such fee within forty-five (45) days after the receipt of the applicable invoice for the fees incurred for the change in the forecast. Any such fee shall be negotiated in good faith by the Parties prior to BIT incurring such costs and then based upon actual costs incurred by BIT.

Forecast Variability. If BIT consents to an increase or decrease of the forecasted quantities of Products beyond the [***] percent ([***]%) described in Section 4.1, then BIT shall have the right, in its sole discretion, to charge Client an additional fee (i.e., overtime) incurred for such increase or decrease and Client shall pay to BIT such fee within forty-five (45) days [***] after the receipt of the applicable invoice for the fees incurred for the change in the forecast. Any such fee shall be negotiated in good faith by the Parties prior to BIT incurring such costs and then based upon actual costs incurred by BIT.