Forecasted Supply Price. Within forty-five (45) days following the Effective Date, the Parties shall calculate a forecasted per-unit Supply Price for FINISHED PRODUCT, BULK DRUG PRODUCT and/or API that shall apply for the remainder of CALENDAR YEAR 2002. At least three (3) months prior to the beginning of each subsequent CALENDAR YEAR, the Parties shall calculate a forecasted per-unit Supply Price for FINISHED PRODUCT, BULK DRUG PRODUCT and/or API that shall apply for such CALENDAR YEAR. Such forecasted per-unit Supply Price for the remainder of CALENDAR YEAR 2002 and for each subsequent CALENDAR YEAR shall be referred to herein as the "Forecasted Supply Price." The Forecasted Supply Price for FINISHED PRODUCT, BULK DRUG PRODUCT and/or API shall be a good faith estimate of what the Parties believe the average per-unit Supply Price will be for FINISHED PRODUCT, BULK DRUG PRODUCT and/or API supplied to AVENTIS for such CALENDAR YEAR, and shall take into consideration any actual or anticipated process (*) Represents language that is redacted and subject to Confidential Treatment. improvements, cost efficiencies or other changes that are likely to have an impact on the Supply Price for such CALENDAR YEAR. Unless otherwise agreed by the Parties, AVENTIS shall be invoiced at the Forecasted Supply Price for all FINISHED PRODUCT, BULK DRUG PRODUCT and/or API supplied by GENTA during such CALENDAR YEAR, subject to the true-up in Section 10.3.

Forecasted Supply Price. Set forth on Schedule 14.8(b) is a forecasted Supply Price for Finished Products and/or Samples, broken down for Trospium Twice-Daily and Trospium Once-Daily, that shall apply for all quantities of Finished Products and/or Samples of the applicable Product purchased by Esprit from Indevus prior to the Processing Assumption Date (the “Forecasted Supply Price”). By August 31 of each Calendar Year, beginning on August 31, 2008, until the NDA Transfer Date, Indevus shall provide Esprit with an updated Forecasted Supply Price with respect to Trospium Twice-Daily for the following twelve (12) month period. The Parties acknowledge that the Forecasted Supply Price for Finished Products and/or Samples is a good faith estimate of what Indevus believes the average Supply Price will be for Finished Products and/or Samples to be purchased by Esprit during the applicable twelve (12) month period, based on the forecasts provided and to be provided by Esprit with respect to the applicable Finished Product and Samples for the corresponding periods under Section 14.5. Unless otherwise agreed by the Parties, Esprit shall be invoiced at the Forecasted Supply Price for all Finished Products and/or Samples purchased by Esprit during the applicable twelve (12) month period promptly after shipment by Indevus or its Third Party Manufacturer. Except as set forth in subsection (i) above, payments of the Forecasted Supply Price shall be made by Esprit within thirty (30) days after Esprit’s receipt of the invoice (or, for amounts in dispute pursuant to Section 14.10(d), within ten (10) days after the date the dispute is resolved), and shall be subject to the true-up provided for in Section 14.8(b)(iii).

Forecasted Supply Price. For the Disposable in the year in which the First Commercial Sale occurs, the Forecasted Supply Price shall be the Applicable Percentage multiplied by the initial deemed Net Selling Price for the year as described in Section 1.1.27,. At least sixty (60) days prior to the beginning of each subsequent calendar year, the Forecasted Supply Price for the upcoming year shall be determined for the Disposable, based on an estimate of the Net Selling Price using data from the first nine months of the current calendar year. All of the foregoing shall be referred to as the "Forecasted Supply Price". Similarly, in the first year in which the First Commercial Sale occurs in an additional country within the Territory, the Forecasted Supply Price shall take into account the projected Net Selling Price for that country.

Forecasted Supply Price. For each Product in each Region, for the year in which the First Commercial Sale occurs, the Forecasted Supply Price shall be calculated according to the Applicable Percentage taking into account the Minimum Supply Prices as specified under clauses 1.1.25

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Supply Price The Initial Term “Supply Price” for the “Monthly Fixed Price Volume” set forth on Exhibit A shall be $[______]/MWh for the first [***] years of the Initial Term, and thereafter shall be the then-current market price as mutually agreed by Customer and Supplier prior to the end of the [***] year. The Extension Term Supply Price, if any, will be the then-current market price as mutually agreed by Customer and Supplier prior to entering into the Extension Term. Supplier and Customer may agree to fix the Supply Price for one or more periods during the Term that individually and in total are shorter than the full Term. Exhibit A sets forth the hourly delivery volume for which the Energy Price will be fixed during each month of the Term to take into account the phase-in of the facility which is expected to progress at a rate of approximately [***]MW per month (the “Monthly Fixed Price Volume”). Supplier represents that Supplier has used commercially reasonable efforts to set such Supply Price at approximately [***]% discount to the forward price at which Supplier xxxxxx its delivery obligations under this Transaction Confirmation with respect to any financial or physical energy supply arrangement intended to cover the Monthly Fixed Price Volume, the settlement index (ERCOT North Load Zone), and this Transaction Confirmation term. The [***]% discount shall be revised to take into account any physical or software limitations originating from Customer and limiting Supplier’s ability to curtail 100% of the load at the Data Center. Exhibit A also sets forth the minimum load that Customer has designated as not subject to economic curtailment (“Non-Curtailable Load”), which represents, among other things, the Motor Control Center (MCC), and other essential server and administrative load. Customer and Supplier can, in the context of the immediately preceding sentence, agree on a lesser than [***]% discount with respect to the Supply Price to account for Supplier’s incremental cost of providing a fixed Supply Price for Non-Curtailable Load.
Forecast Customer shall provide Flextronics, on a monthly basis, a rolling [***] forecast indicating Customer’s monthly Product requirements. The first [***] of the forecast will constitute Customer’s written purchase order for all Work to be completed within the first [***] period. Such purchase orders will be issued in accordance with Section 3.2 below.
Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.
Rolling Forecast (i) On or before the fifteenth (15th) calendar day of each month during the Term (as defined in Section 6.1 herein), Buyer shall provide Seller with an updated eighteen (18) month forecast of the Products to be manufactured and supplied (each a “Forecast”) for the eighteen (18) month period beginning on the first day of the following calendar month. The first two months of each Forecast will restate the balance of the Firm Order period of the prior Forecast, and the first three (3) months of the Forecast shall constitute the new Firm Order period for which Buyer is obligated to purchase and take delivery of the forecasted Product, and the supply required for the last month of such new Firm Order period shall not be more than one (1) full Standard Manufacturing Batch from the quantity specified for such month in the previous Forecast (or Initial Forecast, as the case may be). Except as provided in Section 2.2(a), Purchase Orders setting forth Buyer’s monthly Product requirements will be issued for the last month of each Firm Order period no later than the fifteenth calendar day of the first month of each Firm Order period, and such Purchase Order will be in agreement with the Firm Order period of the Forecast. If a Purchase Order for any month is not submitted by such deadline, Buyer shall be deemed to have submitted a Purchase Order for such month for the amount of Product set forth in Buyer’s Forecast for such month. (ii) The remainder of the Forecast shall set forth Buyer’s best estimate of its Product production and supply requirements for the remainder of the Forecast period. Each portion of such Forecast that is not deemed to be a Firm Order shall not be deemed to create a binding obligation on Buyer to purchase and take delivery of Products nor a binding obligation of Seller to deliver Products, except as otherwise provided in Section 2.2(f). (iii) Forecast and Purchase Orders shall be in full Standard Manufacturing Batches. If a Product has multiple SKUs, then the composite of the forecasted SKU must equate to the Standard Manufacturing Batch. One Purchase Order shall be issued for each full Standard Manufacturing Batch of Product and contain the required information set forth in Section 2.2(e) hereof.
Bidder Supplied Samples The Commissioner reserves the right to request from the Bidder/Contractor a representative sample(s) of the Product offered at any time prior to or after award of a contract. Unless otherwise instructed, samples shall be furnished within the time specified in the request. Untimely submission of a sample may constitute grounds for rejection of Bid or cancellation of the Contract. Samples must be submitted free of charge and be accompanied by the Bidder’s name and address, any descriptive literature relating to the Product and a statement indicating how and where the sample is to be returned. Where applicable, samples must be properly labeled with the appropriate Bid or Contract reference. A sample may be held by the Commissioner during the entire term of the Contract and for a reasonable period thereafter for comparison with deliveries. At the conclusion of the holding period the sample, where feasible, will be returned as instructed by the Bidder, at the Bidder’s expense and risk. Where the Bidder has failed to fully instruct the Commissioner as to the return of the sample (i.e., mode and place of return, etc.) or refuses to bear the cost of its return, the sample shall become the sole property of the receiving entity at the conclusion of the holding period.
Rolling Forecasts No later than ten (10) days of the Commencement Date, the Client shall provide Patheon with a written non-binding 18 month forecast of the volume of the Drug Product that the Client then anticipates will be required to be produced and delivered to the Client during each month of that 18 month period. Such forecast will be updated by the Client monthly on a rolling 18 month basis and updated forthwith upon the Client determining that the volumes contemplated in the most recent of such forecasts has changed by more than 20%. The most recent 18 month forecast shall prevail.
Contract Sales Price The total consideration provided for in the sales contract for the sale of a Property.
Contract Year A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.
Purchase Order Pricing/Product Deviation If a deviation of pricing/product on a Purchase Order or contract modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order. TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS 0000 XX Xxx Xxxxx, Xxxxxxxxx, Xxxxx 00000. The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement. This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable factors, such as funding sources or other needs. Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are typically emailed to TIPS at xxxxxx@xxxx-xxx.xxx. • Awarded Vendor delivers goods/services directly to the participating member. • Awarded Vendor invoices the participating TIPS Member directly. • Awarded Vendor receives payment directly from the participating member. • Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.
Required Vendor Sales Reporting By responding to this Solicitation, you agree to report to TIPS all sales made under any awarded Agreement with TIPS. Vendor is required to report all sales under the TIPS contract to TIPS. If the TIPS Member entity requesting a price from the awarded Vendor requests the TIPS contract, Vendor must include the TIPS Contract number on any communications with the TIPS Member entity. If awarded, you will be provided access to the Vendor Portal. To report sales, login to the TIPS Vendor Portal and click on the PO’s and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have further questions, contact the Accounting Team at xxxxxxxxxx@xxxx-xxx.xxx. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS.

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