Permitted Modifications to Supply Forecasts Clause Samples

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Permitted Modifications to Supply Forecasts. Projections for months [ * ] through [ * ] of each rolling Supply Forecast and each month thereafter shall be made in good faith and shall constitute Teva’s best estimates of future orders but shall not be binding on Teva or Alexza, provided that (i) the Supply Forecast for any month in the [ * ] ([ * ]) through [ * ] ([ * ]) months of any Supply Forecast may vary from the Supply Forecast made for that calendar month when it was the [ * ] calendar month in a Supply Forecast by an amount that does not exceed [ * ] percent ([ * ]%) of the forecasted quantity for that calendar month and (ii) (A) prior to obtaining a [ * ] months expiration dating of the Product, the Supply Forecast for any month in the [ * ] ([ * ]) through twelfth ([ * ]) months of any Supply Forecast may not be less than [ * ] and not more than [ * ] of the quantity set forth in the Supply Forecast made for that calendar month when it was the [ * ] calendar month in such Supply Forecast and (B) after obtaining a [ * ] months expiration dating of the Product, the Supply Forecast for any month in the [ * ] through [ * ] months of any Supply Forecast may vary from the Supply Forecast made for that calendar month when it was the [ * ] calendar month in such Supply Forecast by an amount that does not exceed [ * ] of the forecasted quantity for that calendar month.
Permitted Modifications to Supply Forecasts. Projections for months [ * ] ([ * ]) through [ * ] ([ * ]) of each rolling Supply Forecast and each month thereafter shall be made in good faith and shall constitute ▇▇▇▇▇▇’▇ best estimates of future orders but shall not be binding on ▇▇▇▇▇▇ or Alexza, provided that the Supply Forecast for the calendar month entering the then-applicable binding purchase period (ie., the [ * ]month or otherwise agreed final month of a binding period pursuant to Section 5.10(c)) may vary from the Supply Forecast made for that calendar month when it was the [ * ] (or otherwise agreed final month of a binding period pursuant Section 5.10(c)(ii)) calendar month in a preceding Supply Forecast by an amount that does not exceed [ * ] percent ([ * ]%) of the forecasted quantity for that calendar month. For example and by way of illustration only, if a Supply Forecast is issued in [ * ] which provides for [ * ] Units purchased in [ * ], the Supply Forecast issued in [ * ] may not provide for less than [ * ] nor more than [ * ] Units for purchase in [ * ].