Forecast Variances. The forecasts provided under this Section 6.5 shall be non-binding; provided, however, that the total number of MRI Product Units ordered during any Calendar Quarter (as such term is defined in the Supply Agreement) shall be in conformance with the provisions of Section 6.2 of the Supply Agreement (or a comparable section of a substantially similar supply agreement) as if E-Z-EM had submitted its detailed forecasts directly to Burrxxxxx Xxxlcome (or a comparable supplier).
Forecast Variances. All forecasts under this Agreement and updates ------------------ thereof shall be for the sole purpose of assisting CMA in its planning and will not constitute an obligation of Natus to purchase the quantities of Products indicated.
Forecast Variances. In addition to the obligation to supply Nycomed within the [* *] set forth in Section [* *].
Forecast Variances. All forecasts under this Agreement and updates ------------------ thereof shall [* *] assisting Catalytica in its planning and, except as otherwise expressly set forth in section 6.1 hereof, will not constitute an obligation of Customer to purchase the quantities of Product indicated. In addition to the obligation to supply Customer within the variances set forth in section 6.1 hereof, Catalytica will use its commercially reasonable best efforts to supply quantities in excess of each variance as requested by Customer. To the extent that Catalytica is unable to supply Customer with the quantities of packaged Product in excess of the variance set forth in Section 6.1(b), Catalytica shall use its commercially reasonable best efforts to supply Customer with Product in bulk containers [* *].
Forecast Variances. The forecast for Product requirement for the first Quarter given pursuant to Section 3.1 shall constitute a binding obligation of Manufacturer to Manufacture and of Xanodyne to accept and purchase, quantities of Product set forth in such forecast as follows:
3.2.1 Xanodyne shall be required to purchase no less than [**] percent ([**]%) of forecasted quantities in the first Quarter.
3.2.2 Manufacturer shall be required, if requested by Xanodyne, to Manufacture and supply to Xanodyne up to [**] percent ([**]%) of forecasted quantities in the first Quarter, provided that purchase orders are issued pursuant to Section 4.1. All other forecasts under this Agreement and updates thereof shall be for the sole purpose of assisting Manufacturer in its planning and will not constitute an obligation of Xanodyne to purchase the quantities of Product indicated. Notwithstanding the foregoing, in the event a product that an industry recognized data source, such as, by way of example and not exclusion, First DataBank, Gold Standard or Medispan, classifies as a substitutable product for a Product is sold by a Third Party, Xanodyne's obligations set forth in Sections 3,2.1 with respect to such Product shall immediately terminate, except to the extent that Xanodyne will be obligated with respect to all open purchase orders.
Forecast Variances. Except as otherwise provided in Section 6.1, all long-term forecasts under this Agreement and updates thereof shall be for the sole purpose of assisting HCC in its planning and will not constitute an obligation of Pharmacyclics to purchase the quantities of Drug Substance indicated; provided, however, (i) until the end of the second full calendar year in which a particular Drug Substance is sold for commercial use, the total quantity of such Drug Substance ordered by Pharmacyclics pursuant to purchase orders for delivery in any calendar quarter shall not exceed 200% of the quarterly forecast for such quarter or be less than 50% of such quarterly forecast without HCC's prior written consent, which consent shall not be unreasonably withheld and (ii) after the end of the second full calendar year in which a particular Drug Substance is sold for commercial use, the total quantity of such Drug Substance ordered by Pharmacyclics pursuant to purchase orders for delivery in any calendar quarter shall not exceed 150% of the quarterly forecast for such quarter or be less than 50% of such quarterly forecast without HCC's prior written consent, which consent shall not be unreasonably withheld. HCC shall use commercially reasonable efforts to supply to Pharmacyclics any requirements of any Drug Substance in excess of 200% (or 150%, after the end of the second full calendar year) of any quarter's forecast. In the event Pharmacyclics orders more than 100% of the quarterly forecast in any given quarter, then Pharmacyclics agrees to waive the inventory requirement set forth in Article 8 to the extent necessary to allow HCC to supply the Pharmacyclics orders in excess of 100% of the quarterly forecast. At such time following such quarter as HCC can reasonably fulfill the inventory requirements set forth in Article 8, Pharmacyclics will no longer be required to waive such requirements. HCC shall use diligent efforts to meet such inventory requirement as soon as practicable.
