Common use of Forecasts Orders and Deliveries Clause in Contracts

Forecasts Orders and Deliveries. 8.1 MProbes shall deliver to Immunicon, within one year after the Effective Date, MProbes' forecast for its requirements of Magnetic Separation Materials for Licensed MP Products for the remainder of 2001. Thereafter, at least sixty (60) days prior to the start of the next and each succeeding calendar quarter during the term of the Agreement, MProbes shall provide Immunicon with its non-binding best estimate of its requirements for Magnetic Separation Materials and IC Hardware for the next succeeding three (3) calendar quarters. Immunicon shall not ship the forecasted items to MProbes, however, until MProbes places an order. 8.2 It is the intent of the parties that MProbes and Immunicon shall cooperate with each other with respect to changes in their requirements and capacity so that each party may use reasonable commercial efforts to efficiently accommodate the needs of the other. Accordingly, in addition to the forecasts of quarterly requirements required by Section 8.1, MProbes shall discuss with Immunicon any dramatic changes in its requirements, and Immunicon shall use reasonable commercial efforts, consistent with its then current capacity, to accommodate such dramatic changes within the next two (2) calendar quarters. In no event shall this Agreement be deemed to be breached or subject to termination if MProbes' requirements hereunder should be reduced to zero from time to time, or if Immunicon shall fail to supply all of MProbes' requirements of Magnetic Separation Materials from time to time.

Forecasts Orders and Deliveries. 8.1 MProbes RDS shall deliver to Immunicon, within one year thirty (30) days after the Effective Date, MProbes' RDS's forecast for its requirements of Magnetic Separation Materials IMMC Conjugates and IMMC Hardware for Licensed MP RDS Products for the remainder of 20012003. Thereafter, at least sixty (60) days prior to the start of the next and each succeeding calendar quarter during the term of the Agreementquarter, MProbes RDS shall provide Immunicon with its non-binding best estimate of its requirements for Magnetic Separation Materials IMMC Conjugates and IC IMMC Hardware for the next succeeding three (3) calendar quarters. Immunicon shall not ship the forecasted items to MProbesRDS, however, until MProbes RDS places an order. 8.2 It is the intent of the parties that MProbes RDS and Immunicon shall cooperate with each other with respect to changes in their requirements and capacity so that each party may use reasonable commercial efforts to efficiently accommodate the needs of the other. Accordingly, in addition to the forecasts of quarterly requirements required by Section 8.1, MProbes RDS shall discuss with Immunicon any dramatic changes in its requirements, and Immunicon shall use reasonable commercial efforts, consistent with its then current capacity, to accommodate such dramatic changes within the next two (2) calendar quarters. In no event shall this Agreement be deemed to be breached or subject to termination if MProbes' RDS's requirements hereunder should be reduced to zero from time to time, or if Immunicon shall fail to supply all of MProbesRDS' requirements of Magnetic Separation Materials IMMC Conjugates or IMMC Hardware from time to time.