Product Forecasts. To assist Salton in production scheduling for the manufacture of the Products, Kmart shall provide to Salton, monthly, a six month rolling forecast of its requirements for Products. The first forecast shall be provided by Kmart to Salton within thirty (30) business days of the Execution Date of this Agreement (to forecast the requirements for the six months ended June 30, 1997 and for the next five succeeding calendar months) and thereafter shall be provided to Salton on or before the 20th day of each month (to forecast the requirements for the next six succeeding calendar months). It is understood and agreed that all forecasts are estimates only and Kmart shall only be bound to purchase the Products pursuant to Specific Purchase Orders issued by it to Salton, subject to the satisfaction of the Minimum Product Order commitment set forth in Section 5.1 hereof; and the Fee on any shortfall in the Minimum Product Order for any Category and Kmart's payment for conforming Products ordered and timely delivered through the date of Termination shall be Salton's sole and exclusive remedy hereunder.
Product Forecasts. On or before ninety (90) days after the Effective Date and during the first week of each calendar month thereafter, Tellabs shall provide Riverstone with a forecast of Tellabs' expected demand for each Product to be purchased and delivered during each month of the subsequent twelve (12) month period.
Product Forecasts. 3.9.1 Rolling [†] Estimate. No later than [†], Omeros shall provide Hospira with a written estimate of Omeros’ [†] quantity of commercial Product that represents the Minimum Percentage of Omeros’ Product Requirements for the first [†] of the Term, such estimate to be used by Hospira solely for [†] planning purposes. Omeros shall not incur any liabilities if such estimate is not met. If Hospira notifies Omeros (and such notification shall be provided to Omeros in writing) that it will be unable to supply Product in accordance with Omeros’ estimate, Omeros shall have the right, in its sole discretion, [†]. Thereafter, by [†] Omeros shall update such rolling [†] estimate (“Rolling [†] Estimate”) for the period commencing on [†]. Upon receipt of each Rolling [†] Estimate, Hospira shall, within [†] days after such receipt, provide Omeros a written (a) acceptance of such estimate (and in such event, Hospira shall plan to allocate its capacity in a manner consistent with such Rolling [†] Estimate), or (b) rejection of such estimate. In the event Hospira rejects any updated Rolling [†] Estimate, Hospira and Omeros shall meet as soon as possible to discuss in good faith the quantities of Product that Hospira would have capacity to provide to Omeros during [†] covered by the Rolling [†] Estimate, and any amount agreed to shall be memorialized by the Parties in writing in a revised Rolling [†] Estimate. In such event and in Omeros’ discretion, Omeros shall have the right to [†]. † DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION
Product Forecasts. MYT agrees to provide nine (9) month rolling forecasts of its projected sales of Private Label Products to DT to enable DT to provide MYT with a similar nine (9) month forecast of its manufacturing needs. Orders for PLPs will be processed in accordance with the ordering process for other Products as described below.
Product Forecasts. During the first week of each month during the Term, Buyer will issue by facsimile to Seller a thirteen (13) week forecast of its Product requirements (the “Product Forecast”). The quantities and types of Products indicated in each Product Forecast represent the number of units of each Product that Buyer requests to be delivered to Buyer during the stated week. The quantities and types of Products forecasted to be delivered within six (6) weeks or less from the date of receipt of each Product Forecast shall be firm and may not be modified by Buyer. The rest of the Product Forecast is non-binding and for planning purposes only.
Product Forecasts. Non-binding detailed reports by product size with reasonable estimates of use over a period of no less than 12 calendar months spanning January through December. Forecasts are updated each quarter during the year with revised 12 month calendar forecasts occurring annually. Forecasts may also include planned purchases of equipment or supplies to support the UT Product, where applicable and requested by UT.
Product Forecasts. Avici shall provide Nortel with written 12-month forecasts by calendar quarter of all Purchase Orders in respect of Products Avici expects to place on Nortel, not later than [CONFIDENTIAL TREATMENT REQUESTED]/*/ months prior to the 12-month period covered thereby. Avici shall update such forecasts every [CONFIDENTIAL TREATMENT REQUESTED]/*/ months and report to Nortel any significant changes in the forecasts. Such forecasts shall not be binding purchase obligations upon Avici. Firm purchase and sale commitments shall be made through Purchase Orders issued by Avici and accepted by Nortel.
Product Forecasts. On or before the Effective Date and during the first ----------------- week of each calendar month after the Effective Date, Reseller shall provide Efficient with a forecast of Reseller's expected demand for each Product to be purchased and delivered during each month of the subsequent twelve (12) month period.
Product Forecasts. On or before the fifteenth day of each calendar month, ACN shall provide Seller with a monthly, detailed rolling forecast of its delivery requirements for each model of the Product for the following six (6) calendar months. Such forecast shall be non-binding and provided solely for planning purposes.”
h) Section 8.1 of the Agreement is hereby deleted and replaced in its entirety with the following:
8.1. All Products and Spare Parts shall be shipped FOB Origin at the location of Seller’s manufacturing site for such Products and Spare Parts.”
i) Section 8.2 of the Agreement is hereby deleted and replaced in its entirety with the following:
Product Forecasts. 3.1 Buyer shall provide at a minimum, a monthly forecast of its intended purchases for a [*] month period. Such forecasts are for Seller's convenience only, and Seller hereby expressly acknowledges that such forecasts shall not create any liability whatsoever for Buyer, including but not limited to an obligation to purchase Products, Spares, unique or industry standard material.
3.2 Seller agrees to review forecasts provided by Buyer and advise Buyer if Seller anticipates that Seller will be unable to achieve the requested volumes. Buyer volume forecasts will be provided to Seller in accordance with the terms and conditions of Exhibit C, ("Flexibility Agreement") contained herein. Seller may from time to time request Buyer to review Buyer's forecast and advise of any changes. 4. ORDERS
4.1 Orders shall set forth the following items: quantity, price, delivery date, part number, and revision level.
4.2 Seller shall accept any Order that materially conforms with the terms of this Agreement. Seller shall use commercially reasonable efforts to send written confirmation of such acceptance within [*] days after Seller's receipt of a written Order from Buyer subject to Terms referenced in Exhibit C. 4.3 The parties hereby agree that prior to commencement of Electronic Commerce between the parties, Buyer and Seller shall execute an Electronic Commerce Trading Agreement listed in Exhibit L. * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 5 <PAGE> 7
