Common use of Forecasts and Firm Orders Clause in Contracts

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.

Appears in 4 contracts

Samples: Transition Manufacturing and Supply Agreement (Zimmer Biomet Holdings, Inc.), Reverse Transition Manufacturing and Supply Agreement (ZimVie Inc.), Reverse Transition Manufacturing and Supply Agreement (Zimmer Biomet Holdings, Inc.)

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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 Purchaser 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.

Appears in 2 contracts

Samples: Transition Manufacturing and Supply Agreement (ZimVie Inc.), Transition Manufacturing and Supply Agreement (ZimVie Inc.)

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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 agreed by such Purchaser and Producer in Exhibit Awriting from time to time, 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, 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 parties (a “Firm Order”), subject to Section 2.8(b2.9(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 months of the applicable non-binding forecast period subject specifically agreed in writing by the Producer and Purchaser from time to a Firm Order time may not vary by more than 15% from the forecasted quantities contained in the immediately preceding Forecast for amount agreed by such month prior to its inclusion in a Firm OrderParties. Forecasts relating to each Supplied Product beginning on the date of this Agreement Effective Date were delivered to Producer by Xxxxxxxxx Purchaser at the time of signing this AgreementAgreement (or, if not so delivered, will be delivered prior to the applicable Effective Date). Without limiting Section 2.2, minimum Minimum per order quantities for each Supplied Product, if any, shall be set forth agreed in Exhibit A.writing by the Purchaser and Producer from time to time.

Appears in 2 contracts

Samples: Manufacturing and Supply Agreement (Baxalta Inc), Manufacturing and Supply Agreement (Baxalta Inc)

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