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. ***Certain Confidential Information Omitted
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. [...***...].
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;
Forecasts and Ordering. (a) At least [***] days prior to the anticipated date of the First Commercial Sale for a Product in the Territory for the Field, Evolus shall prepare and provide Symatese with a written non-binding rolling forecast, on a month-by-month basis, of its total requirement for Products, including desired delivery dates, for the following [***] months (“Products Forecast”). Starting after the First Commercial Sale, on the first Business Day of each month during the Term, Evolus shall submit to Symatese a Products Forecast a where the first [***] months of each Products Forecast shall be binding, and the remainder of the Products Forecast shall be non-binding.
Forecasts and Ordering. A. If Registration/Commercialization is Expected by [*].
Forecasts and Ordering. (i) Within thirty (30) days after the approval of the Initial Development Plan, Amersham shall provide Corixa with its projected requirements for Corixa * Confidential Treatment Requested Iodine I 131 Tositumomab through December 31, 2003 in accordance with the Amersham Forecast mechanism set forth in Section 3.1(b). Unless the JDC agrees otherwise, Amersham shall include in all of its forecasts and firm orders and specifically identify within such forecasts and firm orders, those quantities of Corixa Iodine I 131 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. Amersham shall update such forecast for its entire projected requirements of Corixa Iodine I 131 Tositumomab quarterly. Such forecasts shall be consistent with the quantities of Corixa I 131 Tositumomab set forth in Section 3.2(b).
Forecasts and Ordering. At least [**] Business Days in advance of the commencement of each calendar month, Idenix US shall provide Novartis with its monthly rolling forecast of the quantities of LdT Finished Product that Idenix US estimates it will be requiring for the coming [**] months. Idenix US shall be obligated to purchase at least [**] percent ([**]%) of the quantity estimated for the next [**]-month period during such upcoming [**]-month period, and Novartis shall be obligated to supply up to [**] percent ([**]%) of such estimated quantity during the upcoming [**]-month period. The first [**] months of each rolling forecast shall be considered firm orders, thereby committing Idenix US to purchase and Novartis to sell the stated amount of LdT Finished Products, and Idenix US shall raise the corresponding firm orders in writing, on stock keeping units basis to Novartis at the same time when submitting its monthly forecast. Idenix US shall purchase [**] percent ([**]%) of the LdT Finished Products specified in each firm order. Idenix US shall specify in each firm order (a) the quantity of the LdT Finished Products ordered, (b) the delivery location(s) for such quantity, (c) the requested delivery date(s), and (d) any export/import information required to enable Novartis to deliver the order. Novartis in its sole discretion may reject any order that does not comply with this Agreement and all other orders that comply with this Agreement will be accepted. Orders will be deemed accepted by Novartis unless Novartis provides notification of rejection in accordance with the immediately preceding sentence, along with the reason for rejection, to Idenix US within five (5) Business Days of receipt by Novartis of the firm order. To the extent not inconsistent with this Agreement, Idenix US shall comply with the minimum order quantities and the order lead times as defined in the Customer Trading Service Procedure ("TSP") in the form attached hereto as Exhibit B and which shall be executed and delivered on the Effective Date.
Forecasts and Ordering. Confidential Treatment Requested.
Forecasts and Ordering. 10.1 As soon as practicable after the Effective Date, the Parties, through a project team or subcommittee of the JDCC, shall discuss the timeline and activities required to commence the Final Manufacturing in the Territory. By [***], [***], the Parties or Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. their Affiliates shall enter into a side letter agreement setting forth the Parties’ respective obligations regarding the Manufacture and supply of Bulk Product for Otsuka’s performance qualification and process validation testing on the Product. In addition, within [***] ([***]) days after the Effective Date, the Parties or their Affiliates shall enter into one or more supply agreement(s) setting forth the Parties’ respective obligations regarding the Manufacture and supply of Bulk Product for use in the Final Manufacturing of Product for clinical trials and for commercial sale and promotional sampling. At a later date, when applicable, the Parties or their Affiliates shall enter into one or more supply agreement(s) setting forth the Parties’ respective obligations regarding the manufacture and supply of Secondary Packaged Product. Each such supply agreement (each a “Supply Agreement”) shall contain reasonable and customary terms and conditions, including, e.g., specifications, changes to Manufacturing process or specifications, forecast, ordering, shipment and delivery, safety stock provisions, back-up facilities, failure to supply (including appropriate remedies in the event of a failure to supply), audit and inspection, shortage allocation, acceptance and rejection, supply of Product for investigational use, including process validation and performance qualification testing, as well as provisions consistent with this Article 10 and Article 11 of this Agreement. The Supply Agreements collectively shall govern ARIAD’s obligation to Manufacture or have Manufactured and supply or have supplied all of Otsuka’s and its Sublicensees’ requirements of Bulk Product and Secondary Packaged Product for the Territory, including for clinical trials, promotional sampling and for commercial requirements. In the event of a conflict between the terms of a Supply Agreement and the terms of this Agreement, the provisions of this Agr...
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
