Planning Forecast Sample Clauses

Planning Forecast. Within [ * ] after the Effective Date, and continuing to be updated on or before [ * ] of each calendar year thereafter, BLS shall provide Alexza with a written [ * ] sales Unit forecast, by [ * ], of BLS’ requirements for the Product on a [ * ] basis. This forecast shall be for capacity planning purposes only and shall not, constitute a firm order or have any binding effect. The Parties shall review the forecast on not less than a [ * ] basis to assess the available Manufacturing capacity of Alexza (currently estimated at approximately [ * ] Units). (a) To the extent that the forecast quantities are expected to exceed the then existing available capacity of Alexza at its facility in [ * ], the Parties shall meet and discuss in good faith whether to expand Alexza’s then current Manufacturing capacity up to the maximum estimated capacity. In the event Alexza has committed to expand its Manufacturing capacity up to the maximum estimated capacity based on BLS’ planning forecast, BLS shall notify Alexza at least [ * ] in advance with respect to any material increase of its supply forecast and Alexza shall not be deemed in breach of this Agreement for its inability to supply such increased amount of Product due to the capacity constraints under such capacity expansion plan for the period in which Alexza had less than [ * ] notice of any material increase of BLS’ supply forecast that would impact capacity planning as long as Alexza is using Commercially Reasonable Efforts in carrying out the capacity expansion plan adopted based on BLS’ original planning forecast. (b) In addition, to the extent that the forecast quantities are expected to exceed the then maximum Manufacturing capacity (including expansion) in [ * ], the Parties shall discuss whether to select and qualify an additional Manufacturing facility or undertake other alternatives. In the event Alexza has committed to qualify an additional Manufacturing facility or undertake other alternatives based on BLS’ planning forecast, BLS shall notify Alexza at least [ * ] in advance with respect to any material increase of its supply forecast and Alexza shall not be deemed in breach of this Agreement for its inability to supply such increased amount of Product due to the capacity constraints under the capacity expansion plan for the period in which Alexza had less than [ * ] notice of any material increase of BLS’ supply forecast that would impact capacity planning as long as Alexza is using Commercially Reasona...

Planning Forecast. Within [ * ] months after the Effective Date, and continuing to be updated on or before January 1 of each [ * ] thereafter, Teva shall provide Alexza with a written [ * ] year sales Unit forecast, by [ * ], of Teva’s requirements for the Product (the “Planning Forecast”). This forecast shall be for capacity planning purposes only and shall not constitute a firm order or have any binding effect. The Parties shall review the forecast on not less than a [ * ] basis to assess the available manufacturing capacity of Alexza (currently estimated at approximately [ * ] Units worldwide). To the extent that the aggregate worldwide forecast quantities of Product are expected to exceed the then existing available capacity of Alexza at its facility in [ * ] months, the Parties shall meet and discuss in good faith whether to discuss Alexza’s plans to expand the then current manufacturing capacity or to identify and engage a Third Party manufacturer for the Product. In any event, to the extent reasonably practicable Teva shall notify Alexza at least [ * ] months in advance with respect to any material increase of its demand forecast and Alexza shall not be deemed in breach of this Agreement for its inability to supply such increased amount of Product due to the capacity constraints which Alexza had less than [ * ] months’ notice of any material increase of Teva’s supply forecast that would impact capacity planning as long as Alexza is using Commercially Reasonable Efforts to address supply constraints based on Teva’s original planning forecast.

Planning Forecast the document submitted by the Parties in accordance with Article 8.2 which shows the Demands of each Party to be imposed on the Supply Facilities and the Capacity owned or leased by each Party in such facilities.

Planning Forecast. On the date that the first Supply Forecast is delivered pursuant to Section 5.3, and within one hundred twenty (120) days before the end of each Calendar Year thereafter, Depomed shall deliver to BLS a non-binding forecast, by Calendar month, of the quantities of 1000mg Product, by SKU (including samples), that Depomed expects to order from BLS for Marketing in the Territory, for the following eighteen (18) calendar months (the “Planning Forecast”). No less than once per Calendar Year, the Parties shall meet to review the then effective Planning Forecast of Depomed to compare the yearly requirements of 1000mg Product which Depomed expects would be necessary to fulfill the sales forecast provided in such Planning Forecast, projecting the highest level of sales of the 1000mg Product in the Territory.

Planning Forecast. IFX will use best efforts to accurately prepare and issue a Planning Forecast which is, on a monthly basis, a volume-based twelve (12) month forecast for all Products. The purpose of this forecast is to assist DPI in assessing capacity, technology and workload requirements concerning IFX's demands; such demands shall include the demand of its Special Affiliates as far as IFX has a contractual obligation to provide Products to Special Affiliates. Each Planning Forecast shall contain a sufficient list of units, timing and product type for Products that IFX, in good faith, expects to require. **Confidential treatment has been requested for the portions of this agreement marked by asterisks. Omitted materials for which confidential treatment has been requested has been filed separately with the Securities and Exchange Commission.**

Planning Forecast. On or before January 1, 2000 and based upon projected times for Regulatory Approvals and launch dates on a country-by- country basis within the Territory, Elan shall provide Anesta with a written three (3) year forecast by calendar quarter of Elan's anticipated orders for OT- fentanyl Products on a country-by-country basis within the Territory. This forecast shall be for facility planning purposes only and shall not constitute a firm order. Elan shall update this forecast on a semi-annual basis.

Planning Forecast. Within [*] months after the Relaunch Notice Date, and continuing to be updated on or before January 1 of each [*] thereafter, Teva shall provide Alexza with a written [*] year sales Unit forecast, by [*], of Teva’s requirements for the Product (the “Planning Forecast”). This forecast shall be for capacity planning purposes only and shall not constitute a firm order or have any binding effect. The Parties shall review the forecast on not less than a [*] basis to assess the available manufacturing capacity of Alexza. To the extent that the aggregate worldwide forecast quantities of [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Product are expected to exceed the then existing available capacity of Alexza at its facility in [*] months, the Parties shall meet and discuss in good faith whether to discuss Alexza’s plans to expand the then current manufacturing capacity or to identify and engage a Third Party manufacturer for the Product. In any event, to the extent reasonably practicable Teva shall notify Alexza at least [*] months in advance with respect to any material increase of its demand forecast and Alexza shall not be deemed in breach of this Agreement for its inability to supply such increased amount of Product due to the capacity constraints which Alexza had less than [*] months’ notice of any material increase of Teva’s supply forecast that would impact capacity planning as long as Alexza is using Commercially Reasonable Efforts to address supply constraints based on Teva’s original planning forecast.” 3.4 Section 6.12(a) of the Agreement is hereby amended and restated in its entirety to read as follows:

Planning Forecast. IFX will use best efforts to accurately prepare and issue a Planning Forecast which is, on a monthly basis, a volume-based twelve (12) month forecast for all Products. The purpose of this forecast is to assist DPI in assessing capacity, technology and workload requirements concerning IFX's demands; such demands shall include the demand of its Special Affiliates as far as IFX has a contractual obligation to provide Products to Special Affiliates. Each Planning Forecast shall contain a sufficient list of units, timing and product type for Products that IFX, in good faith, expects to require. The Planning Forecast shall also include the designation of the [****].