Common use of Forecasts Orders and Deliveries Clause in Contracts

Forecasts Orders and Deliveries. 8.1 RDS shall deliver to Immunicon, within thirty (30) days after the Effective Date, RDS's forecast for its requirements of IMMC Conjugates and IMMC Hardware for Licensed RDS Products for the remainder of 2003. Thereafter, at least sixty (60) days prior to the start of the next and each succeeding calendar quarter, RDS shall provide Immunicon with its non-binding best estimate of its requirements for IMMC Conjugates and IMMC Hardware for the next succeeding three (3) calendar quarters. Immunicon shall not ship the forecasted items to RDS, however, until RDS places an order. 8.2 It is the intent of the parties that 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, 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 RDS's requirements hereunder should be reduced to zero from time to time, or if Immunicon shall fail to supply all of RDS' requirements of IMMC Conjugates or IMMC Hardware from time to time.

Forecasts Orders and Deliveries. 8.1 RDS MProbes shall deliver to Immunicon, within thirty (30) days one year after the Effective Date, RDS's MProbes' forecast for its requirements of IMMC Conjugates and IMMC Hardware Magnetic Separation Materials for Licensed RDS MP Products for the remainder of 20032001. Thereafter, at least sixty (60) days prior to the start of the next and each succeeding calendar quarterquarter during the term of the Agreement, RDS MProbes shall provide Immunicon with its non-binding best estimate of its requirements for IMMC Conjugates Magnetic Separation Materials and IMMC IC Hardware for the next succeeding three (3) calendar quarters. Immunicon shall not ship the forecasted items to RDSMProbes, however, until RDS MProbes places an order. 8.2 It is the intent of the parties that RDS 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, RDS 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 RDS's MProbes' requirements hereunder should be reduced to zero from time to time, or if Immunicon shall fail to supply all of RDSMProbes' requirements of IMMC Conjugates or IMMC Hardware Magnetic Separation Materials from time to time.