Forecasts and Firm Orders. (a) With respect to each Supplied Product, at least seven calendar days prior to the beginning of each calendar month during the Term, Purchaser shall give Producer a rolling forecast (each a “Forecast”) of the orders Purchaser expects to place with Producer for such Supplied Product for each month during the rolling forecast period specified in Exhibit A, which Forecast shall satisfy all of the requirements of the master scheduling system employed from time to time by Producer. The Forecast for the binding period specified in Exhibit A shall contain specific dates for shipment (and Producer and Purchaser shall cooperate to cause shipments to occur promptly after release at the Production Facility, and in any case in a reasonable manner to avoid unreasonable or undue burden on Producer’s other businesses and operations at such Production Facility) and shall be binding on both Producer and Purchaser regarding such Supplied Product to be purchased or supplied by the respective Parties (a “Firm Order”), subject to Section 2.8(b). The quantities of Supplied Products (or any components thereof, if applicable and different from the binding period for Supplied Products generally) for the final month of the applicable binding forecast period subject to a Firm Order may not vary by more than 15% from the forecasted quantities contained in the immediately preceding Forecast for such month prior to its inclusion in a Firm Order. Forecasts relating to each Supplied Product beginning on the date of this Agreement were delivered to Producer by Xxxxxxxxx at the time of signing this Agreement. Without limiting Section 2.2, minimum per order quantities for each Supplied Product, if any, shall be set forth in Exhibit A.
Forecasts and Firm Orders. Within thirty (30) days of the Effective Date and thereafter, on or before January 1st, April 1st, July 1st and October 1st of each calendar year during the Term of this Agreement and any extension or renewal thereof, Oxford shall provide StemCell with a non-binding forecast, expressed quarterly, for the following nine (9) months. The schedule of forecast due dates for the corresponding periods are provided in Schedule “A”.
Forecasts and Firm Orders. With effect from 1 February 2014, no later than one (1) week prior to the end of each month, Distributor shall provide a forecast of its estimated monthly requirements of the Products for at least the six (6) month period beginning with the following month on a Country by Country basis (each, a “Forecast”). The beginning month of each Forecast shall be referred to as “Month 1” and each subsequent month shall be numbered sequentially. The quantity of Products indicated for Months 1–4 shall be firm and binding on Distributor (a “Firm Order”). Months 5–6 of each Forecast will remain flexible and can be varied by Distributor, subject to Distributor’s efforts to achieve the Target Sales by the Target Dates. Distributor shall be obligated to purchase at least such quantities of Product as are set forth in each Firm Order. The initial Forecast is attached as Schedule 5.
Forecasts and Firm Orders i. Buyer’s forecasted requirements will be made available to Seller on a quarterly basis. Any forecasts or estimates of such requirements provided to Seller by Buyer shall be non-binding, and Seller acknowledges that it shall not be entitled to and shall not rely on such forecasts or estimates as binding commitments unless they are expressly stated as such by Buyer in writing.
Forecasts and Firm Orders. (a) Within five (5) days after the beginning of each month, commening March 2023, Aspire shall (i) provide Shenzhen Yi Jia with (i) place a Firm Order for Products to be delivered in the following month and (ii) a non-binding forecast of its estimated requirements of Products during the following three months. Thus, for example, by March 5, 2023, Aspire shall provide Shenzhen Yi Jia with a binding purchase order for April 2023 and non-binding forecasts for the months of May, June and July 2023.
Forecasts and Firm Orders. Upon the execution of the Supply Agreement and [**] thereafter, GSK shall provide Sepracor with a rolling [**] forecast of its estimated quarterly purchases of Bulk Tablets (the “Forecast”) for both commercial and Clinical Supply needs. Except as set forth below, each Forecast will be non-binding and will represent only GSK’s good faith estimate of expected orders for the Bulk Tablets. However, for each such Forecast, the [**] will be a firm order (purchase orders for such firm orders will also be provided in accordance with Supply Agreement) and will represent GSK’s commitment to Sepracor to purchase the amount of Bulk Tablets indicated in such portion of the Forecast. For the [**] period of each such Forecast, the quantities of Bulk Tablets actually purchased by GSK shall not be [**]. GSK shall also provide Sepracor with non-binding mid-term and long-term forecasts on a yearly basis (for years [**]), which shall not exceed [**] years.
Forecasts and Firm Orders. On the Effective Date, DENDREON shall provide GSK with a [***] non-binding rolling forecast of its Product requirements for the purpose of facilitating GSK’s capacity allocation and production planning efforts. DENDREON shall submit an updated forecast on or before the first business day of each subsequent calendar quarter. The [***] of each forecast shall be deemed a Firm Order. Each [***] shall specify target Product requirements for each calendar quarter in the [***]. Unless otherwise agreed by the Parties, [***] and in accordance with other parameters set forth herein. Each Firm Order shall be accepted or rejected pursuant to written notice delivered to DENDREON within five (5) business days of receipt by GSK of the applicable forecast. Any Firm Order that is accepted by written notice or is deemed accepted because GSK did not either accept or reject the Firm Order in writing within five (5) business days of GSK’s receipt of the same shall be binding on each Party. In the event that GSK rejects a Firm Order pursuant to this Section 3.3, GSK shall (i) communicate with DENDREON the reasons that it is unable to satisfy such Firm Order, and (ii) the Parties may meet to discuss potential modification of the Firm Order that may result in GSK’s acceptance of such Firm Order.
Forecasts and Firm Orders. Prior to thirty (30) days after the Final Approval Date, Par shall deliver to Pentech a twelve-month forecast of Par's requirements for the Product. Such forecast shall be provided at least thirty (30) days prior to the first requested shipment of the Product. The date of the first shipment shall be the first date of the first twelve-month forecast period. At least sixty (60) days prior to the end of such first twelve-month forecast and for each subsequent twelve-month period thereafter, Par shall provide a twelve-month forecast of Par's requirements for the Product during the next following twelve-month period of this Agreement. The twelve-month forecast shall be updated by Par (i) every six months and (ii) upon Par's determining that a monthly volume contemplated in the most recent forecast has changed by more than 20%. Such forecast shall be non-binding on Par except as set forth below.
Forecasts and Firm Orders. 4.01 Within [***] after the Effective Date of this Agreement, NEW RIVER will provide ORGANICHEM with a written, non-binding forecast showing NEW RIVER’s estimated requirements for API, by month, covering a [***] period. Following FDA approval of the first Drug Product, NEW RIVER will issue on the fifteenth (15th) day of every calendar [***] a non-binding forecast update for the next [***] period commencing on the first day of the immediately following quarter.
Forecasts and Firm Orders. 2.3.1 Starting after the placement of the First Order, on or before the first day of each calendar month, Customer shall give Albemarle Customer’s good faith written estimate of Customer’s projected requirements of the Product for delivery during the upcoming twelve (12) months. Such forecasts constitute non-binding, good faith estimates provided solely to assist Albemarle in raw material procurement, production planning and manufacturing of the Product. Albemarle shall use these forecasts to procure long leadtime raw materials.
