Common use of Forecasted Needs Clause in Contracts

Forecasted Needs. COMPANY shall provide DPT with a written, non-binding eighteen (18) month projection with specific data as to its Forecasted Needs. Such Forecasted Needs shall be updated by COMPANY monthly on or before the 10th day of each calendar month on a rolling eighteen (18) month basis. It is understood and agreed that with respect to all Forecasted Needs issued to DPT by COMPANY pursuant to the terms hereof, the forecast for the first four (4) months thereof shall constitute a firm order for Products, regardless of receipt of COMPANY’s actual purchase order. Thereafter, COMPANY shall provide DPT with a Purchase Order on or before the 10th day of each calendar month. DPT may produce Product up to thirty (30) days prior to the requested delivery date in order to accommodate fluctuations in production demands. The remaining fourteen (14) months of the Forecasted Needs shall be utilized by DPT for purposes of material acquisition on behalf of COMPANY and DPT production planning. DPT shall attempt to minimize the material inventory purchased on behalf of COMPANY. Certain materials, however, may have long lead times and/or require a minimum order quantity. Therefore, DPT may order the chemical and packaging components necessary to support up to six (6) months of COMPANY’s Forecasted Needs, or the applicable minimum order quantity, whichever is greater. Should COMPANY subsequently reduce its Forecasted Needs, COMPANY will be financially responsible for any material purchased by DPT on COMPANY’s behalf. Any such material which is subsequently rendered in excess of that required to support up to six (6) months of COMPANY’s Forecasted Needs may be subject to storage and inventory caring fees. DPT may require a deposit for such materials and such materials may also be subject to storage and inventory carrying cost fees.

Forecasted Needs. COMPANY shall provide DPT with a written, non-binding eighteen (18) month [*****] projection with specific data as to its Forecasted Needs. Such Forecasted Needs shall be updated by COMPANY monthly on or before the 10th day of each calendar month [*****] on a rolling eighteen (18) month [*****] basis. It is understood and agreed that with respect to all Forecasted Needs issued to DPT by COMPANY pursuant to the terms hereof, the forecast for the first four (4) months [*****] thereof shall constitute a firm order for Products, regardless of receipt of COMPANY’s actual purchase order. Thereafter, COMPANY shall provide DPT with a Purchase Order on or before the 10th day of each calendar month[*****]. DPT may produce Product up to thirty (30) days [*****] prior to the requested delivery date in order to accommodate fluctuations in production demands. The remaining fourteen (14) months [*****] of the Forecasted Needs shall be utilized by DPT for purposes of material acquisition on behalf of COMPANY and DPT production planning. DPT shall attempt to minimize the material inventory purchased on behalf of COMPANY. Certain materials, however, may have long lead times and/or require a minimum order quantity. Therefore, DPT may order the chemical and packaging components necessary to support up to six (6) months [*****] of COMPANY’s Forecasted Needs, or the applicable minimum order quantity, whichever is greater. Should COMPANY subsequently reduce its Forecasted Needs, COMPANY will be financially responsible for any material purchased by DPT on COMPANY’s behalf. Any such material which is subsequently rendered in excess of that required to support up to six (6) months [*****] of COMPANY’s Forecasted Needs may be subject to storage and inventory caring fees. DPT may require a deposit for such materials and such materials may also be subject to storage and inventory carrying cost fees.

Forecasted Needs. COMPANY AUXILIUM shall provide DPT with a written, non-binding eighteen (18) month binding, [**] projection with specific data as to its Forecasted Needs. Such Forecasted Needs shall be updated by COMPANY monthly AUXILIUM [**] on or before the 10th day of each calendar month [**] on a rolling eighteen (18) month [**] basis. It is understood and agreed that with respect to all Forecasted Needs issued to DPT by COMPANY AUXILIUM pursuant to the terms hereof, the forecast for the first four (4) months [**] thereof shall constitute a firm order for Products. In each firm order, regardless of receipt of COMPANY’s actual purchase orderAUXILIUM will state a Delivery Date. ThereafterDPT must object in writing to such Delivery Date within [**], COMPANY shall provide DPT with a Purchase Order on or before the 10th day of each calendar monthsuch Delivery Date will be considered agreed upon. DPT may produce Product up to thirty (30) days [**] prior to the requested delivery date Delivery Date in order to accommodate fluctuations in production demands. The remaining fourteen (14) months [**] of the Forecasted Needs shall be utilized by DPT for purposes of material acquisition on behalf of COMPANY AUXILIUM and DPT production planning. DPT shall attempt to minimize the material inventory purchased on behalf of COMPANYAUXILIUM. Certain materials, however, may have long lead times and/or require a minimum order quantity. Therefore, DPT may order order, with AUXILIUM’s prior written authorization, the chemical and packaging components necessary to support up to six (6) months [**] of COMPANYAUXILIUM’s Forecasted Needs, or the applicable minimum order quantity, whichever is greater. Should COMPANY AUXILIUM subsequently reduce its Forecasted Needs, COMPANY AUXILIUM will be financially responsible for any material purchased by DPT on COMPANYAUXILIUM’s behalf. Any such material which is subsequently rendered in excess of that required to support up to six (6) months [**] of COMPANYAUXILIUM’s Forecasted Needs may be subject to storage and inventory caring carrying fees. [**]. Final Products warehoused by DPT may require a deposit for such materials and such materials may also be subject on behalf of AUXILIUM shall begin to accrue storage and inventory carrying cost feescharges at the rate of [**] after an initial storage fee free period of [**].

Forecasted Needs. COMPANY shall provide DPT with a written, non-binding eighteen (18) month its [***] projection with specific data as to its Forecasted NeedsNeeds on or before December 13, 2019. Such Forecasted Needs shall be updated by COMPANY monthly on or before the 10th day of each calendar month on a rolling eighteen twelve (1812) month basis. It is understood and agreed that with respect to all Forecasted Needs issued to DPT by COMPANY pursuant to the terms hereof, the forecast for the first four three (43) months thereof shall constitute a firm order for ProductsProduct, to the extent not the subject of a previous firm order, regardless of receipt of COMPANY’s actual purchase order. Thereafter, COMPANY shall provide DPT with a Purchase Order confirmatory purchase order on or before the 10th day of each calendar month. DPT may produce Product up to thirty (30) days [***] prior to the requested delivery date in order to accommodate fluctuations in production demands. The remaining fourteen (14) months [***] of the Forecasted Needs shall be utilized by DPT for purposes of material acquisition on behalf of COMPANY and DPT production planning. DPT shall attempt to minimize the material inventory purchased on behalf of COMPANY. Certain materials, however, may have long lead times and/or or require a minimum order quantityMinimum Order Quantity. Therefore, with the exception of alginic acid (which typically has only a nine-month shelf life, and which therefore should be purchased by DPT no later than six-months from its date of manufacture) DPT may order the chemical and packaging Packaging components necessary to support up to six (6) months of COMPANY’s Forecasted Needs, or the applicable minimum order quantityMinimum Order Quantity, whichever is greater. Should COMPANY subsequently reduce its Forecasted Needs, COMPANY will be financially responsible for any material purchased by DPT on COMPANY’s behalf; provided that COMPANY is not permitted to reduce COMPANY’s Forecasted Needs for any three (3)-month period constituting a firm order. Any such material which is subsequently rendered in excess of that required to support up to six (6) months [***] of COMPANY’s Forecasted Needs may be subject to storage and inventory caring carrying fees. DPT may require a deposit for such materials and such materials may also be subject to storage and inventory carrying cost feesmaterials.