Common use of Forecasts and Orders Clause in Contracts

Forecasts and Orders. 4.1 Customer shall provide IBM’s customer account representative with a Product demand forecast, which shall cover a minimum of twelve (12) months broken out by Product and month. By the fifth (5th) day of every month during the term of this Attachment, Customer will provide IBM’s customer account representative with an updated Product demand forecast covering a rolling twelve (12) month period (not to extend beyond the term of this Attachment), which will be reviewed for approval by IBM within ten (10) days of receipt by IBM. Forecasts shall constitute good faith estimates of Customer’s anticipated requirements for Products but shall not contractually obligate IBM to supply, nor contractually obligate Customer to purchase, the quantities of Product set forth in such forecasts. 4.2 Customer will request delivery of Products by issuing written purchase orders to IBM. IBM will notify Customer of its acceptance or rejection of a purchase order within seven (7) days of receipt of the purchase order. Notwithstanding the foregoing, IBM’s failure to respond within such seven (7) day period will not constitute a breach of the Agreement. At a minimum, purchase orders submitted by Customer must comply with the terms and conditions of the Agreement and this Attachment, be consistent with the most recently accepted forecast and fall within the most recent Customer credit limit as granted by IBM. Custom Sales Agreement No. 000569 Microtune, Inc. Signature Version Customer will request delivery of Products by issuing written purchase orders to IBM. Purchase orders will specify only the following information: a) Customer’s purchase order number; b) Customer’s tax status—exempt or non-exempt; c) ship to location—complete address; d) xxxx to location—complete address; e) order from location—complete address; f) shipping instructions, including preferred carrier and carrier account number; g) the agreement number of this Agreement; h) name of Customer contact; i) Product part numbers, the quantity of wafers being ordered, (in increments of the Minimum Order Quantity (“MOQ”)); j) the Product’s applicable unit price; and k) requested shipment dates.

Forecasts and Orders. 4.1 Customer shall provide IBM’s customer account representative with a Product demand forecast, which shall cover a minimum of twelve (12) months broken out by Product and month. By the fifth (5th) day of every month during the term of this Attachment, Customer will provide IBM’s customer account representative with an updated Product demand forecast covering a rolling twelve (12) month period (not to extend beyond the term of this Attachment), which will be reviewed for approval by IBM within ten (10) days of receipt by IBM. Forecasts shall constitute good faith estimates of Customer’s anticipated requirements for Products but shall not contractually obligate IBM to supply, nor contractually obligate Customer to purchase, the quantities of Product set forth in such forecasts. 4.2 Customer will request delivery of Products by issuing written purchase orders to IBM. IBM will notify Customer of its acceptance or rejection of a purchase order within seven (7) days of receipt of the purchase order. Notwithstanding the foregoing, IBM’s failure to respond within such seven (7) day period will not constitute a breach of the Agreement. At a minimum, purchase orders submitted by Customer must comply with the terms Custom Sales Agreement No. 000569 Microtune, Inc. Signature Version and conditions of the Agreement and this Attachment, be consistent with the most recently accepted forecast and fall within the most recent Customer credit limit as granted by IBM. Custom Sales Agreement No. 000569 Microtune, Inc. Signature Version Customer will request delivery of Products by issuing written purchase orders to IBM. Purchase orders will specify only the following information: a) Customer’s purchase order number; b) Customer’s tax status—status - exempt or non-exempt; c) ship to location—location - complete address; d) xxxx to location—location - complete address; e) order from location—location - complete address; f) shipping instructions, including preferred carrier and carrier account number; g) the agreement number of this Agreement; h) name of Customer contact; i) Product part numbers, the quantity of wafers being ordered, (in increments of the Minimum Order Quantity (“MOQ”)); j) the Product’s applicable unit price; and k) requested shipment dates.

Forecasts and Orders. 4.1 Customer shall provide IBM’s customer account representative with a Product demand forecast, which shall cover a minimum of twelve (12) months broken out by Product and month. By the fifth (5th) day of every month during the term of this Attachment, Customer will provide IBM’s customer account representative with an updated Product demand forecast covering a rolling twelve (12) month period (not to extend beyond the term of this Attachment), which will be reviewed for approval by IBM within ten (10) days of receipt by IBM. Forecasts shall constitute good faith estimates of Customer’s anticipated requirements for Products but shall not contractually obligate IBM to supply, nor contractually obligate Customer to purchase, the quantities of Product set forth in such forecasts. 4.2 Customer will request delivery of Products by issuing written purchase orders to IBM. IBM will notify Customer of its acceptance or rejection of a purchase order within seven (7) days of receipt of the purchase order. Notwithstanding the foregoing, IBM’s failure to respond within such seven (7) day period will not constitute a breach of the Agreement. At a minimum, purchase orders submitted by Customer must comply with the terms and conditions of the Agreement and this Attachment, be consistent with the most recently accepted forecast and fall within the most recent Customer credit limit as granted by IBM. Custom Sales Agreement No. 000569 Microtune, Inc. Signature Version Customer will request delivery of Products by issuing written purchase orders to IBM. Purchase orders will specify only the following information: a) Customer’s purchase order number; b) Customer’s tax status—status - exempt or non-exempt; c) ship to location—location - complete address; d) xxxx to location—location - complete address; e) order from location—location - complete address; f) shipping instructions, including preferred carrier and carrier account number; g) the agreement number of this Agreement; h) name of Customer contact; i) Product part numbers, the quantity of wafers being ordered, (in increments of the Minimum Order Quantity (“MOQ”));; Custom Sales Agreement No. 000569 Microtune, Inc. First Amended & Restated Attachment No. 2 Page 3 of 6 j) the Product’s applicable unit price; and and k) requested shipment dates.

Forecasts and Orders. 4.1 Customer shall provide IBM’s customer account representative with a Product demand forecast, which shall cover a minimum of twelve (12) months broken out by Product and month. By the fifth (5th) day of every month during the term of this Attachment, Customer will provide IBM’s customer account representative with an updated Product demand forecast covering a rolling twelve (12) month period (not to extend beyond the term of this Attachment), which will be reviewed for approval by IBM within ten (10) days of receipt by IBM. Forecasts shall constitute good faith estimates of Customer’s anticipated requirements for Products but shall not contractually obligate IBM to supply, nor contractually obligate Customer to purchase, the quantities of Product set forth in such forecasts.. Custom Sales Agreement No. 000569 Microtune, Inc. Signature Version 4.2 Customer will request delivery of Products by issuing written purchase orders to IBM. IBM will notify Customer of its acceptance or rejection of a purchase order within seven (7) days of receipt of the purchase order. Notwithstanding the foregoing, IBM’s failure to respond within such seven (7) day period will not constitute a breach of the Agreement. At a minimum, purchase orders submitted by Customer must comply with the terms and conditions of the Agreement and this Attachment, be consistent with the most recently accepted forecast and fall within the most recent Customer credit limit as granted by IBM. Custom Sales Agreement No. 000569 Microtune, Inc. Signature Version Customer will request delivery of Products by issuing written purchase orders to IBM. Purchase orders will specify only the following information: a) Customer’s purchase order number; b) Customer’s tax status—status - exempt or non-exempt; c) ship to location—location - complete address; d) xxxx to location—location - complete address; e) order from location—location - complete address; f) shipping instructions, including preferred carrier and carrier account number; g) the agreement number of this Agreement; h) name of Customer contact; i) Product part numbers, the quantity of wafers being ordered, (in increments of the Minimum Order Quantity (“MOQ”)); j) the Product’s applicable unit price; and k) requested shipment dates.

Forecasts and Orders. 4.1 Customer shall provide IBM’s customer account representative with a Product demand forecast, which shall cover a minimum of twelve (12) months broken out by Product and month. By the fifth (5th) day of every month during the term of this Attachment, Customer will provide IBM’s customer account representative with an updated Product demand forecast covering a rolling twelve (12) month period (not to extend beyond the term of this Attachment), which will be reviewed for approval by IBM within ten (10) days of receipt by IBM. Forecasts shall constitute good faith estimates of Customer’s anticipated requirements for Products but shall not contractually obligate IBM to supply, nor contractually obligate Customer to purchase, the quantities of Product set forth in such forecasts. 4.2 Customer will request delivery of Products by issuing written purchase orders to IBM. IBM will notify Customer of its acceptance or rejection of a purchase order within seven (7) days of receipt of the purchase order. Notwithstanding the foregoing, IBM’s failure to respond within such seven (7) day period will not Custom Sales Agreement No. 000569 Microtune, Inc. constitute a breach of the Agreement. At a minimum, purchase orders submitted by Customer must comply with the terms and conditions of the Agreement and this Attachment, be consistent with the most recently accepted forecast and fall within the most recent Customer credit limit as granted by IBM. Custom Sales Agreement No. 000569 Microtune, Inc. Signature Version Customer will request delivery of Products by issuing written purchase orders to IBM. Purchase orders will specify only the following information: a) Customer’s purchase order number; b) Customer’s tax status—exempt or non-exempt; c) ship to location—complete address; d) xxxx to location—complete address; e) order from location—complete address; f) shipping instructions, including preferred carrier and carrier account number; g) the agreement number of this Agreement; h) name of Customer contact; i) Product part numbers, the quantity of wafers being ordered, (in increments of the Minimum Order Quantity (“MOQ”)); j) the Product’s applicable unit price; and k) requested shipment dates.

Forecasts and Orders. 4.1 Customer shall provide IBM’s customer account representative with a Product demand forecast, which shall cover a minimum of twelve (12) months broken out by Product and month. By the fifth (5th) day of every month during the term of this Attachment, Customer will provide IBM’s customer account representative with an updated Product demand forecast covering a rolling twelve (12) month period (not to extend beyond the term of this Attachment), which will be reviewed for approval by IBM within ten (10) days of receipt by IBM. Forecasts shall constitute good faith estimates of Customer’s anticipated requirements for Products but shall not contractually obligate IBM to supply, nor contractually obligate Customer to purchase, the quantities of Product set forth in such forecasts. 4.2 Customer will request delivery of Products by issuing written purchase orders to IBM. IBM will notify Customer of its acceptance or rejection of a purchase order within seven (7) days of receipt of the purchase order. Notwithstanding the foregoing, IBM’s failure to respond within such seven (7) day period will not constitute a breach of the Agreement. At a minimum, purchase orders submitted by Customer must comply with the terms and conditions of the Agreement and this Attachment, be consistent with the most recently accepted forecast and fall within the most recent Customer credit limit as granted by IBM. Custom Sales Agreement No. 000569 Microtune, Inc. Signature Version Customer will request delivery of Products by issuing written purchase orders to IBM. Purchase orders will specify only the following information: a) Customer’s purchase order number;; Custom Sales Agreement No. 000569 Microtune, Inc. b) Customer’s tax status—exempt or non-exempt; c) ship to location—complete address; d) xxxx to location—complete address; e) order from location—complete address; f) shipping instructions, including preferred carrier and carrier account number; g) the agreement number of this Agreement; h) name of Customer contact; i) Product part numbers, the quantity of wafers being ordered, (in increments of the Minimum Order Quantity (“MOQ”)); j) the Product’s applicable unit price; and k) requested shipment dates.

Forecasts and Orders. 4.1 Customer shall provide IBM’s customer account representative with a Product demand forecast, which shall cover a minimum of twelve (12) months broken out by Product and month. By the fifth (5th) day of every month during the term of this Attachment, Customer will provide IBM’s customer account representative with an updated Product demand forecast covering a rolling twelve (12) month period (not to extend beyond the term of this Attachment), which will be reviewed for approval by IBM within ten (10) days of receipt by IBM. Forecasts shall constitute good faith estimates of Customer’s anticipated requirements for Products but shall not contractually obligate IBM to supply, nor contractually obligate Customer to purchase, the quantities of Product set forth in such forecasts. 4.2 Customer will request delivery of Products by issuing written purchase orders to IBM. IBM will notify Customer of its acceptance or rejection of a purchase order within seven (7) days of receipt of the purchase order. Notwithstanding the foregoing, IBM’s failure to respond within such seven (7) day period will not constitute a breach of the Agreement. At a minimum, purchase orders submitted by Customer must comply with the terms and conditions of the Agreement and this Attachment, be consistent with the most recently accepted forecast and fall within the most recent Customer credit limit as granted by IBM. Custom Sales Agreement No. 000569 Microtune, Inc. Attachment No. 3 Page 2 of 5 Signature Version Customer will request delivery of Products by issuing written purchase orders to IBM. Purchase orders will specify only the following information: a) Customer’s purchase order number; b) Customer’s tax status—status - exempt or non-exempt; c) ship to location—location - complete address; d) xxxx to location—location - complete address; e) order from location—location - complete address; f) shipping instructions, including preferred carrier and carrier account number; g) the agreement number of this Agreement; h) name of Customer contact; i) Product part numbers, the quantity of wafers being ordered, (in increments of the Minimum Order Quantity (“MOQ”)); j) the Product’s applicable unit price; and k) requested shipment dates.

Forecasts and Orders. 4.1 Customer shall provide IBM’s customer account representative with a Product demand forecast, which shall cover a minimum of twelve (12) months broken out by Product and month. By the fifth (5th) day of every month during the term of this Attachment, Customer will provide IBM’s customer account representative with an updated Product demand forecast covering a rolling twelve (12) month period (not to extend beyond the term of this Attachment), which will be reviewed for approval by IBM within ten (10) days of receipt by IBM. Forecasts shall constitute good faith estimates of Customer’s anticipated requirements for Products but shall not contractually obligate IBM to supply, nor contractually obligate Customer to purchase, the quantities of Product set forth in such forecasts. 4.2 Customer will request delivery of Products by issuing written purchase orders to IBM. IBM will notify Customer of its acceptance or rejection of a purchase order within seven (7) days of receipt of the purchase order. Notwithstanding the foregoing, IBM’s failure to respond within such seven (7) day period will not constitute a breach of the Agreement. At a minimum, purchase orders submitted by Customer must comply with the terms and conditions of the Agreement and this Attachment, be consistent with the most recently accepted forecast and fall within the most recent Customer credit limit as granted by IBM. Custom Sales Agreement No. 000569 Microtune, Inc. Signature Version Customer will request delivery of Products by issuing written purchase orders to IBM. Purchase orders will specify only the following information: a) Customer’s purchase order number; b) Customer’s tax status—status - exempt or non-exempt; c) ship to location—location - complete address; d) xxxx to location—location - complete address; e) order from location—location - complete address;; Custom Sales Agreement No. 000569 Microtune, Inc. 8th A&R Attachment No. 1 Page 3 of 7 Signature Version f) shipping instructions, including preferred carrier and carrier account number; g) the agreement number of this Agreement; h) name of Customer contact; i) Product part numbers, the quantity of wafers being ordered, (in increments of the Minimum Order Quantity (“MOQ”)); j) the Product’s applicable unit price; and k) requested shipment dates.