FORECASTS AND CAPACITY Clause Samples

FORECASTS AND CAPACITY. 9.1 The Customer shall provide forecasts to BT in accordance with the provisions of Schedule 2.

FORECASTS AND CAPACITY. 9.1 Subject to clause 9.2 and 9.3 the Customer shall provide Forecasts to BT in accordance with the provisions of Schedule 2. 9.2 The Customer shall not be required to provide a Forecast where the Customer in good faith and acting reasonably notifies BT in writing on or before the Forecast Date that it does not intend to use in each calendar month in that Fixed Forecast Period: (a) more than twenty-five (25) kilometres of Spine Duct; and (b) any Pole across all Forecast Areas (“Minimum Forecast Threshold Notice”) provided the Customer must continue to provide a Monthly Build Report as set out in Schedule 2. 9.3 If the Customer provides a Minimum Forecast Threshold Notice but then, in that Fixed Forecast Period, exceeds the amounts set out in clause 9.2 above then the Service Levels at Schedule 7 will not apply to any order for Network Adjustments in that Fixed Forecast Period. 9.4 For the purposes of this clause 9 the terms ‘Forecast Areas’, ‘Forecast Date’, ‘Fixed Forecast Period’ and ‘Monthly Build Report’ are as defined in Schedule 2.

FORECASTS AND CAPACITY. 8.1 The Operator shall supply to BT forecasts in accordance with Annex A. 8.2 The Operator shall order Capacity in accordance with Annex A.

FORECASTS AND CAPACITY a) IQE agrees to ***. *** RFMD’s Wafer supply. b) RFMD will designate all Wafers to be covered by a SMI process. On a monthly basis or as otherwise agreed to by the parties, RFMD will provide IQE a fifty-two (52) week rolling forecast for each SMI Wafer. The forecast will contain the expected consumption for each week, the current Weeks of Supply (“WOS”), the planned WOS by month based upon projected demand, and the inventory target range to be maintained by IQE for each Wafer Specification. The inventory target range will be defined by Low, Target and High WOS levels (as defined below). c) Any Wafers that are not subject to SMI will not require demand forecasting and will be purchased as needed by RFMD under standard purchase orders issued by RFMD from time to time under this Agreement. d) IQE shall ensure at all times that the inventory of Wafers subject to SMI meets the minimum requirements of the Low WOS inventory level for each Wafer as defined in the most recent forecast. If at any time the eight-week forward average weekly demand for any Wafer increases by more than *** from the previous monthly forecast, IQE will have fifteen (15) calendar days to replenish to the Low WOS inventory level before IQE will be considered to have failed to maintain the minimum SMI inventory for that Wafer. IQE will notify RFMD in writing within five (5) business days of receipt of a forecast if IQE is unable to meet the Low WOS level for a Wafer. Notwithstanding the foregoing, IQE shall strive to maintain at or near the Target WOS inventory level for each Wafer Specification. If within any six-month period IQE fails to maintain Low WOS inventory levels for one or more Wafer Specifications in accordance with two separate monthly forecasts, IQE will be deemed to be in breach of this Agreement, only if sufficient reactor capacity for that Wafer Specification has been previously qualified (as defined as 71% of the total capacity of such reactor). In addition to other remedies available to it, RFMD may source Wafers from an alternative supplier under Section 4.h below. e) RFMD and IQE agree that they need to work closely to enable IQE to adequately plan its Wafer production capacity. RFMD will use its best efforts to assist IQE in qualifying sufficient Wafer production capacity on a timely basis and in an orderly manner based on RFMD’s forward forecasts. f) WOS levels (and the corresponding inventory levels) are defined as follows, unless otherwise agreed to by the parties, ...

FORECASTS AND CAPACITY. 6.1 The Operator shall supply Capacity Profiles in accordance with Annex A and as may be required in any Schedule. 6.2 The Operator shall order and BT shall provide Capacity in accordance with Annex A and as may be required in any Schedule.

FORECASTS AND CAPACITY. 8.1 The Customer shall provide forecasts to BT in accordance with the provisions of Schedule 2. 8.2 The Customer shall submit Orders and BT shall provide Physical Infrastructure Access in accordance with the provisions of the relevant Schedules.

FORECASTS AND CAPACITY. The Parties shall supply forecasts in accordance with Annex A and as may be required in a Schedule. The Parties shall order and provide Capacity in accordance with Annex A and as may be required in a Schedule. PROVISION OF INFORMATION Each Party shall provide free of charge, one copy of the information specified in clause 11.3 of the main body of this Agreement and in clauses 3, 6 and 11 of Annex A, and such other information as is reasonably required from time to time by the other Party for interconnection of the Systems and the provision of services or facilities pursuant to this Agreement. Each Party shall promptly supply to the other upon request details of services and facilities which it provides to its Customers to which clause 9 (New Services) may apply. Subject to a Party's obligations of confidentiality to a Third Party, a Party may request and the other Party shall provide information on protocols in use by that other Party which are required for interconnection, conveyance of Calls or the provision of services specified in this Agreement between the BT System and the Operator System if such other Party has relevant information and the provision of such information is necessary as a consequence of the absence of international standards. Notwithstanding any provision of this Agreement a Party shall not be obliged to provide information which is subject to a confidentiality obligation to a Third Party unless such Third Party consents to such disclosure. The Disclosing Party will use reasonable endeavours to ensure that information disclosed is correct to the best of its knowledge at the time of provision of such information. If a Disclosing Party provides information to a Receiving Party, the Disclosing Party shall have obtained all appropriate Third Party consents. Subject to the limitation of liability set out in clause 25, the Receiving Party shall indemnify the Disclosing Party and keep it indemnified against all liabilities, claims, demands, damages, costs and expenses arising as a consequence of any failure by the Receiving Party to comply with the reasonable conditions imposed and identified at the time when the information was provided. Nothing in this Agreement shall require a Party to do anything in breach of any statutory or regulatory obligation of confidentiality, including without prejudice to the generality of the foregoing, any obligation pursuant to Data Protection Legislation or a Condition as appropriate or any code of practice ...

FORECASTS AND CAPACITY. 6.1 Unless otherwise agreed between the Parties, Tthe Operator shall supply to BT forecasts in accordance with Annex A and as may be required in a Schedule. 6.2 BT shall provide capacity ordered by the Operator in accordance with Annex A and the Schedules.

FORECASTS AND CAPACITY. 3.4.1 CompUSA and Ingram agree to work together in good faith to develop, by the 15th of each calendar month, forecasts for the following calendar month for such items as the parties deem appropriate. At a minimum, the forecasts will include estimates of the number of configurations to be performed during the following month on a weekly (or daily) basis and an estimate of the Standard Products. For purposes of the forecasting provisions of this Agreement, the following general procedures shall be applicable: (a) On or before the first business day of each month, Ingram shall provide CompUSA with historical run rate data. (b) Within seven (7) days following receipt of such historical run rate data, CompUSA shall submit to Ingram CompUSA's good faith forecast based on such data. (c) Within four (4) days after ▇▇▇▇▇▇'▇ receipt of CompUSA's forecast, Ingram shall provide CompUSA with any reasonable objections Ingram may have regarding any item contained in such forecast. (d) No later than the 15th day of each month, CompUSA shall provide Ingram with CompUSA's analysis and/or rationale substantiating its forecast. All forecasted items that are not objected to, or for which CompUSA provides substantiation, shall be deemed final. (e) In the event Ingram fails to provide the data required by (a) above, any forecast submitted by CompUSA on or before the 15th of any month shall be deemed to be the governing forecast for the next calendar month. CompUSA will update its forecasts to reflect new orders, new customers, or other significant developments as mutually agreed by the parties. Ingram shall advise CompUSA of its concurrence or disagreement with any forecast modifications proposed by CompUSA within forty-eight (48) hours. In the event Ingram disagrees with any forecast modification, CompUSA shall have the right to service the business relating to such forecast modification from sources other than Ingram, and such purchases shall not be included in the calculation of the Purchase Requirement. 3.4.2 For those Customers for which Ingram has agreed to specific SLA's under Section 7.2, the parties agree to work together in good faith to develop forecasts of such items as the parties deem appropriate by the 15th day of each month for a rolling 90-day period beginning on the first day of the following month. If necessary, the parties will update their forecasts to reflect new orders, new customers, or other significant developments. The first thirty (30) days of each f...