Forecasts and Ordering. Confidential Treatment Requested.
(i) Corixa has already submitted to BI Pharma the forecast shown in Exhibit A for the supply of Tositumomab to Amersham, including the supply of Tositumomab designated for use in an Initial Approval Clinical Trial, for the period from the Effective Date until [*] (the "Corixa Forecast"). Within thirty (30) days after the approval by the JDC of the Initial Development Plan, and no later than [*] of each calendar quarter thereafter, Amersham shall furnish to Corixa a written rolling [*] year forecast of its anticipated purchase of bulk Product (including Tositumomab to be used in the manufacture of Corixa Iodine I 131 Tositumomab or Amersham Iodine I 131 Tositumomab) or filled and finished Product for the Territory which shall be consistent with the terms and conditions of the BI Pharma Agreements (the "Amersham Forecast"). Each Amersham Forecast shall cover a [*] year forecast period starting the [*] day of [*] after the quarter in which Amersham provided such Amersham Forecast to Corixa. The Amersham Forecast shall be submitted to Corixa in the format specified in writing by Corixa. Unless the JDC agrees otherwise, Amersham shall include in the Amersham Forecasts and shall specifically identify within the Amersham Forecasts, those quantities of Tositumomab intended for use in an Initial Approval Clinical Trial in the Territory, as decided by the JDC or Corixa pursuant to Section 4.6 of the License Agreement.
(ii) Subject to subsection (iii) below, Amersham shall be obligated to purchase from Corixa those portions of the Amersham Forecasts that are binding in accordance with the criteria set forth in Appendix 2B of the BI Pharma Agreement. Amersham shall pay Corixa, in accordance with the terms of Article 4 of this Agreement, for all such quantities of Tositumomab.
(iii) Corixa shall be obligated, for the period from the Effective Date until the end of an Initial Approval Clinical Trial, to pay for all Tositumomab designated for use in an Initial Approval Clinical Trial in the Territory, to the extent that such Tositumomab is manufactured pursuant to a binding portion of the Corixa Forecast or an Amersham Forecast. All amounts paid by Corixa pursuant to this subsection 3.1(b)(iii) shall be included in the Development Budget for the Initial Approval Clinical Trials and shall be Initial Approval Trials Costs for the Initial Approval Clinical Trials and subject to the terms and conditions of the License Agreement, including bu...
Forecasts and Ordering. On a basis to be agreed between the parties following good faith discussions, the Commercial Supply Agreement shall contain a mechanism by which Equillium provides Biocon with rolling forecasts of its estimated requirements of Product to be supplied to it during the term of the Commercial Supply Agreement. Such forecasting mechanism will stipulate that the Products estimated to be supplied during a particular time frame in the rolling period (not to exceed the first […***…] calendar quarter periods of each forecast) will constitute a firm binding purchase order by Equillium for those Products. The parties shall also agree on an upper maximum limit (measured as a percentage beyond […***…]% of the quantity of Products set out in a binding forecast (“Additional Quantities”)) of Products to be supplied pursuant to a binding forecast, subject to Biocon’s facility having the capacity to manufacture more than […***…]% of the quantity of Products set out in a binding forecast at the relevant time.
Forecasts and Ordering. 5.1 Forecasts (a) Upon execution of this Agreement and on the first of each month thereafter, the Owner will deliver to the Vendor written forecasts (a "Forecast") specifying its estimate of the quantity of each type of Product that it expects to purchase on a month to month basis during the twelve (12) months following the date of such Forecast (a "Forecast Period"), which shall be treated as follows;
(i) quantities forecasted to be ordered during the first month of each Forecast Period will be a firm Delivery Order which, pursuant to the terms of this Agreement, must be taken by the Owner in the month indicated. The Owner will place one or more Delivery Orders to purchase Products in accordance with the applicable Forecast;
(ii) quantities forecasted to be ordered during the second month of each such Forecast Period shall be considered reasonably accurate estimates of prospective Delivery Orders and accordingly, the Owner will issue the Vendor firm Delivery Orders to ensure that at least ninety percent (90%) and not more than one hundred ten percent (110%) of the quantities specified during this segment of the Forecast Period are covered by firm Delivery Orders from the Owner; and
(iii) quantities forecasted to be ordered during the third month of each such Forecast Period shall be considered reasonably accurate estimates of prospective Delivery Orders and accordingly, the Owner will issue the Vendor firm Delivery Orders to ensure that at least eighty percent (80%) and not more than one hundred twenty percent (120%) of the quantities specified during this segment of the Forecast Period are covered by firm Delivery Orders from the Owner; and
(iv) quantities forecasted to be ordered during months four (4) through twelve (12) of each such Forecast Period will only be estimates of prospective Delivery Orders, and subsequent Forecasts and actual Delivery Orders may completely vary and be completely changeable by the Owner in its absolute discretion. The first Forecast to be delivered by the Owner to the Vendor is attached hereto as Schedule 8 and is expressly accepted by the Vendor. Except with respect to such first Forecast, in no event will the Vendor be required to accept an amount in any given month of a Forecast which is greater than [_____________________] of the average amount forecasted by the Owner for the three months immediately preceding the subject month. In the event the Owner fails to deliver to the Vendor a new Forecast by the first Business D...
Forecasts and Ordering. 4.1 In order to facilitate Celgene's supply planning of the Product, BeiGene shall provide Celgene not later than [...***...] prior to the beginning of each calendar year, a [...***...] non-binding estimate of BeiGene’s requirement of the Product by strength for each province within the Territory. Furthermore, BeiGene shall provide Celgene [...***...] the non-binding estimate of BeiGene’s future orders of the Product by strength for the next [...***...]. Such forecast shall be non-binding with the exception of the forecast for [...***...], reflected therein for which quantities are considered firm. BeiGene shall place a firm purchase order accordingly (hereinafter a “Firm Purchase Order”), requesting a shipping date from Celgene’s warehouses that is at least [...***...] after the date of ordering. [...***...].
4.2 Celgene shall confirm its acceptance of each Firm Purchase Order placed in accordance with Section 4.1 within [...***...] from the date of receipt of such order. Once accepted, such Firm Purchase Order, to the extent that it has been accepted, will become binding on both Parties and the relevant delivery date shall be defined between the Parties pursuant to the requirement set out in Section 4.1. Notwithstanding the above, BeiGene may request to reasonably modify or reschedule an order, prior to the relevant delivery date. Celgene's consent to such modifications or rescheduling shall not be unreasonably withheld. Celgene shall deliver Product to BeiGene a maximum of [...***...] times per year unless otherwise mutually agreed in writing. BeiGene shall also indicate to Celgene in due time in case any specific printing and labeling requirements apply to the packaging of the Product.
4.3 Tenders shall be included in BeiGene’s forecast, and the same lead times as referred in Section 4.1 above shall apply to them. In case of unforeseen tenders that could not have been forecasted by BeiGene, Celgene shall be informed by BeiGene as promptly as possible and the Parties will use Commercially Reasonable Efforts to try to deliver the order in a shorter time frame as normally required under Section 4.1, it being understood however that Celgene shall not be held liable whatsoever in case it fails to do so. Large tenders shall not be subject to the maximum annual delivery limitations referred to in Section 4.2, and may therefore be placed in addition to orders made pursuant to the terms and conditions set out in Sections 4.1 and 4.2 above. Furthermore, BeiGene ...
Forecasts and Ordering. A. If Registration/Commercialization is Expected by [*].
Forecasts and Ordering. 20 6.1 Forecasts............................................................... 20 6.2 Ordering................................................................ 20 Section 7. Marketing, Sales and Technical Support................................. 21 7.1 Sales Training and Promotional Efforts.................................. 21
Forecasts and Ordering. 24 4.4 Vial Labeling and Packaging....................................................... 29 4.5 Delivery; Shipment; Title; Distribution........................................... 30 4.6 Storage........................................................................... 32 4.7
Forecasts and Ordering. 4.1 Intent - LJP will attempt to meet all of Abboxx'x xxxuirements for Substance. Abboxx xxx LJP recognize that it is difficult to accurately forecast new product material requirements, especially during the launch of a new product. Nonetheless, the parties understand that this Appendix is designed to permit LJP to plan the size of its manufacturing facility, and its production schedules to meet Abboxx'x xxxds in an uncertain situation. The parties agree to cooperate closely in order to assure an efficient and effective process. LJP will, with the assistance of Abboxx, xxentify and qualify back-up vendors in the DMF and U.S. NDA and other equivalent regulatory filings as deemed necessary by the parties. It is recognized that LJP may have certain limitations during manufacturing start-up including a manufacturing learning curve, staffing, and raw material lead times. Abboxx xxxll provide purchase orders and forecasts to LJP with sufficient notice and in sufficient quantities to allow LJP to meet its obligation to supply Substance.
Forecasts and Ordering. All forecasts will be reasonable and made in good faith with the understanding that LJP will rely on these forecasts for planning its
Forecasts and Ordering. By the last day of each calendar quarter, Telik shall provide Organichem with a forecast containing: (a) a purchase order for Product to be manufactured during the [*] calendar quarters thereafter (the purchase order for the [*] quarters having been issued with the previous forecast, on an ongoing basis), which shall constitute an affirmative obligation for Telik to purchase and for Organichem to manufacture (subject to Section 1.4 below) such Product; and (b) a forecast for the following [*] quarters, which shall constitute Telik’s good faith estimate of expected purchases of Product, but shall not constitute an obligation to manufacture or purchase the Product. The purchase order shall be for a quantity not less than [*] of the forecast for such quarter made one quarter before. For the avoidance of doubt and by way of CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. example, on or prior to any September 30 during the term of this Agreement, Telik will address the then upcoming year as follows:
