Orders and Forecasts. On or before December 31, 1999 and not -------------------- less than fifteen days prior to the first day of each calendar quarter thereafter, (15 March, 15 June, 15 September, 15 December) Xxxxxxxx shall submit to Proton the following:
(a) A firm, irrevocable written Purchase Order for the Systems to be purchased by Xxxxxxxx each month during the subject calendar quarter specifying the quantities of each model of the Systems to be purchased. All such Purchase Orders shall be for at least [*****] of the quantities listed in the Forecast submitted during the preceding quarter, and during the Exclusivity Period all such Purchase Orders shall cover a minimum of [*****] of the then applicable annual Minimum Purchase Requirements. Proton shall not be required to accept or fill (a) any Purchase Order to the extent such Purchase Order exceeds (i) [*****]of the quantities estimated in the Forecast for the subject quarter submitted by Xxxxxxxx prior to the beginning of the calendar quarter then ended, or (ii) [*****] of the largest quantities purchased by Xxxxxxxx during any previous calendar quarter during the term of this Agreement; or (b) any supplemental or additional Purchase Order which is submitted during any quarter after the initial purchase order for the subject quarter is placed. In no event shall Proton be required to accept or fill any Purchase Order submitted by Xxxxxxxx pursuant to this Agreement unless all amounts payable to Proton hereunder have been paid in full when due. This Agreement and the terms and conditions hereof shall prevail over any inconsistent or additional terms set forth in any Purchase Order.
(b) With the submission of each Purchase Order, Xxxxxxxx shall provide a quarterly written forecast of Systems required ("Forecast") for the subsequent three calendar quarters following the purchase order period. Such Forecast shall indicate the number of units required by System type for each quarter. At any time during the term of this Agreement, if Xxxxxxxx plans to place Purchase Orders for the Systems in quantities which vary significantly from those set forth in its most recent Forecast, then Xxxxxxxx shall use reasonable efforts to update such Forecast sufficiently in advance to enable Proton to timely fill all purchase orders placed. Each Forecast shall supersede the terms of the prior Forecast, provided, that no Forecast shall vary the terms of -------- any purchase order without the written consent of Proton (which consent shall not...
Orders and Forecasts. (a) Rolling […***…] Month Forecast. When each Product Agreement is executed, Client will give Patheon a non-binding […***…] month forecast of the volume of Product that Client expects to order in the first […***…] months of commercial manufacture of the Product. This forecast will then be updated by Client on or before the […***…] day of each month on a rolling forward basis. Client will update the forecast forthwith if it determines that the volumes estimated in the most recent forecast have changed by more than […***…]%. The most recent […***…] month forecast will prevail.
Orders and Forecasts. Orders of Products will be in accordance with the following provisions:
Orders and Forecasts. Every fiscal month, Maxtor shall issue to IMS binding purchase orders ("Orders") for Products, covering a thirteen (13) week period from such issue date and a nonbinding forecast for an additional subsequent thirteen (13) week period. No Order shall be binding upon IMS unless accepted by IMS in writing, subject to Section 7.3 ("Sales Commitment"), provided that if such written acceptance is not received by Maxtor within five (5) working days from date of Order issuance, said Order shall be deemed accepted.
Orders and Forecasts. 12 5.2 RELIANCE BY PATHEON. ........................................... 13 5.3
Orders and Forecasts. (a) Rolling *** Forecast. When this Agreement is executed, Client will give Patheon a non-binding *** forecast of the volume of Product that Client expects to order in the first *** of commercial manufacture of the Product. Beginning with Initial Manufacturing Period defined in subsection (b) below, this forecast will then be updated by Client on or before the *** on a rolling forward basis. Client will update the forecast forthwith if it determines that the volumes estimated in the most recent forecast have changed by more than ***%. The most recent *** forecast will prevail.
Orders and Forecasts. Sepracor shall provide Patheon with the following:
(a) concurrent with the execution of this Agreement, a written non-binding twelve (12) month forecast of the volume of each Product that Sepracor then anticipates will be required to be produced and delivered to Sepracor during that twelve (12) month period. Such forecast will be updated by Sepracor monthly on a rolling twelve (12) month basis and updated forthwith upon Sepracor determining that the volumes contemplated in the most recent of such forecasts has changed by more than [**] per cent ([**]%).
(b) on or before the 20th day of each month, firm written orders ("Firm Orders") for the Products to be produced and delivered to Sepracor on a date not less than 12 weeks from the date that the Firm Order is submitted. Such Firm Orders submitted to the Patheon Administrator shall specify Sepracor's purchase order number, quantities by Product type, monthly delivery schedule and any other elements necessary to ensure the timely production and delivery of the Products. The quantities of Products ordered in such written orders shall be firm and binding on Sepracor and Patheon and shall not be subject to reduction except as provided in section 5.3 below. Within [**] business days, Patheon will provide formal confirmation of each Firm Order, acknowledging price, quantity and delivery date.
(c) on or before September 1 in each Year, a written non-binding three-year forecast (broken down by quarters for the second and third years of the forecast) of the volume of each Product Sepracor then anticipates will be required to be produced and delivered to Sepracor during the three-year period.
Orders and Forecasts. All purchases under this Agreement shall be made by Orders issued by Customer from time to time subject to acceptance by Lucent. Lucent reserves the right to place any Order on hold, delay shipment, suspend performance, and/or reject any Order due to, but not limited to: (a) the breach or default by Customer of any of its obligations under this Agreement; (b) CUstomer's insufficient credit as determined by Lucent. Orders that have been accepted by Lucent may not be canceled without the express written consent of Lucent. Each Order shall reference this Agreement and shall be subject only to the terms and conditions of this Agreement. Terms and conditions contained in an Order that are inconsistent with this, including any pre-printed terms and conditions on such Order, shall be ineffective and void. Customer shall send Orders to the address specified by Lucent. Customer shall provide Lucent with a rolling twelve (12) month non-binding forecast of product requirements, including configuration. Customer shall provide the initial forecast within one week of the date of this Agreement, and thereafter shall update the forecast at least monthly.
Orders and Forecasts. (a) Rolling [...***...]
Orders and Forecasts. 6.1 [*] Product Supply Forecast. For capacity planning purposes, by [*], Company shall provide Hospira with a written forecast of Company's annual requirements of Product for [*]. Thereafter, by [*] of each calendar year Company shall update such rolling [*] forecast of its requirements of Product for the period commencing [*]. Upon receipt of each rolling [*] estimate, Hospira shall within ninety (90) days, provide Company a written acceptance of the estimate and accordingly plan to allocate its annual capacity to manufacture Product for Company, or a written rejection of the [*] forecast. Any such written acceptance shall constitute Hospira's Product supply commitment ("Product Supply Commitment") for each of the calendar years covered by the forecast. If Company issues and Hospira accepts, a subsequent [*] forecast covering one or more previously covered calendar years, such subsequent forecast shall constitute Hospira's Product Supply Commitment for such calendar year(s). In the event Hospira rejects [*] forecast, Hospira and Company shall meet as soon as possible to discuss in good faith the quantities of Product that Hospira could provide during each of the [*] covered by the forecast. Any such amount shall be agreed to in writing.
6.2 [*] Estimate. Company shall [*], provide Hospira with a written estimate of Company's quarterly requirements of Product to be supplied by Hospira [*]. Hospira acknowledges that such quantities are estimates only and are nonbinding.
