Forecasts for Products included in the Initial Order Sample Clauses

Forecasts for Products included in the Initial Order. In addition to the Crown Forecasts contemplated in Section 9.7 above, Crown shall issue a non-binding forecast, as may be amended (the "Initial Change Order Forecast"), within 5 business days after the ICP Confirmation Date with respect to the Product mix (i.e., the quantity of both the 2+2 Product and the PCS Product) needed in the first Tranche of Products ordered pursuant to the Initial Order (excluding the Initial Commercial Products). Thereafter, with respect to the remaining Tranche(s) of Products in the Initial Order, Crown shall provide Metawave with a non-binding forecast ninety (90) days in advance of the anticipated delivery dates within the thirty (30) day period during which the remaining Tranche(s) of Products ordered pursuant to the Initial Order will be delivered (each such forecast, as may be amended, shall be referred to herein as a "Subsequent Change Order Forecast"). Notwithstanding the foregoing, if Performance Acceptance is not achieved during the Performance Evaluation Period, Crown shall have the right to amend each forecast contemplated in this Section as necessary and issue additional change orders for all the Products in the Initial Order at least 45 days prior to the specified delivery dates within the 30-day period during which the Tranche in question will be delivered. Metawave expressly acknowledges and agrees that the Initial Change Order Forecast and Subsequent Change Order Forecast(s) are non-binding and that failure to accurately forecast its Product requirements for the Initial Order will not constitute a breach of this Agreement, and furthermore that Crown shall not forfeit any of its rights under this Agreement or in any way be penalized for its failure to accurately forecast its requirements for Products in the Initial Order, except as otherwise expressly contemplated in Section 9.1(b). Change orders for the Initial Order shall be submitted as set forth in Section 9.6(b).
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Related to Forecasts for Products included in the Initial Order

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