Production Forecasts. (A) No later than the first Day of the Calendar Month preceding the Calendar Month in which the Date of Commencement of Commercial Production is anticipated to occur, and thereafter on the first Day of each Calendar Quarter, the Unit Operator shall provide the Parties with a Production Forecast. A “Production Forecast” shall consist of the estimated average daily rate of production of Unit Substances for each Calendar Month during each of the next succeeding two (2) Calendar Years and, if there are multiple Delivery Points, the estimated quantities to be delivered to each Delivery Point.
Production Forecasts. Where available, Gas Analyses from the Dedicated Well(s) to be connected or representative offset xxxxx.
Production Forecasts. TouchTunes shall make available to Bose, upon request, for planning purposes only, an estimate of TouchTunes' delivery requirements from Bose for the Jukebox for the next 12 months.
Production Forecasts. Cornerstone shall provide Neos with a non-binding rolling [***] ([***]) month forecast of anticipated orders updated on a quarterly basis, of which the first [***] ([***]) months shall constitute a noncancellable, firm [***] ([***]) month purchase order.
Production Forecasts. The tentative production and delivery forecasts by applicable calendar year (“Forecasted Volume”*) for the Vehicles are as set forth in the tables below. Both parties agree, the Forecasted Volumes are indicative and subject to annual capital funding and may be adjusted quarterly by written agreement of the parties. The Supplier will request and confirm the quarterly schedule with the Customer prior to each quarters forecast and setup the Steering Committee review if changes are requested. The Steering Committee will review forecasted volumes three (3) months prior to each calendar quarter’s production and discuss any adjustments to the quarterly forecast. The Supplier has requested a six (6) months’ prior written notice for the [*] production units. If the Supplier is unable to fulfill a production volume by EV model or year in accordance with the Production Forecast or fails to meet other material delivery conditions set out in the Vehicle Purchase Agreement, the parties agree to mutually negotiate in good faith such changes to the Forecast. The Customer reserves the right to request, on at least 6 months’ prior written notice to the Supplier: (i) an increase of the Order volumes, or (ii) an amendment to the volume splits between EV models in a given calendar year, as a priority customer to the Supplier. For circumstances where the Customer is able to acquire vehicles of substantially similar quality and functionality from another supplier at a significantly lower price than the prices agreed to under Section 6.2, the Supplier will have the right to match the offer or allow the Customer to vary the vehicle volume outlined in Section 4.3. Both parties agree that this is a good faith forecast for the vehicles. If there are material changes to operational needs, capital expenditures, or economic conditions, both parties agree to review and make adjustments in good faith to the Production Forecast. [*] [*]
Production Forecasts. Vaxcel will deliver to CytRx, on the first day of each calendar quarter, a requirements forecast indicating Vaxcel's monthly requirements for quantities of the Copolymer during the twelve (12) months, beginning with the next calendar month. The specified quantities for the first four (4) months of each 12-month forecast shall be deemed a firm purchase commitment for such quantities and shall be documented by purchase order per section 2.3 of this Agreement. CytRx shall not accept any production forecasts from Vaxcel sublicensees. -------------------- The "[X]" marks in Exhibit 10.4 represents deleted material which is subject to a request for Confidential Treatment and has been filed separately with the Secretary of the Securities and Exchange Commission.
Production Forecasts. (a) Manufacturer shall use commercially reasonable efforts to manufacture and supply sufficient quantities of the Product to fulfill Company’s anticipated requirements as indicated by actual purchase orders submitted by Company from time to time during the Term; provided, that Manufacturer shall have at least three (3) months after receipt of a purchase order to deliver the Product and that Company shall have continued to provide Manufacturer three (3) months in advance with a noncancellable, firm three (3) month purchase order (the “Firm Zone”) and a non-binding rolling six (6) month forecast of anticipated orders outside the Firm Zone. In the event that the Company at any time fails to provide the Manufacturer with such purchase order and/or forecast, the Manufacturer shall have no obligation to produce any quantities of Products in excess of the quantities set forth in the last non-binding forecast received by Manufacturer from the Company.
(b) From time to time, due to significant unforeseen circumstances, Company may deliver to Manufacturer a Purchase Order for Product volumes in excess of those specified in any forecast. In the event that Company delivers a purchase order requesting that Manufacturer provide Product volumes in excess of the last non-binding forecast received by Manufacturer from the Company, Manufacturer shall use commercially reasonable efforts to provide Company with such excess Product volumes.
(c) Promptly following Manufacturer’s receipt of each purchase order and rolling forecast, Manufacturer shall place counterpart purchase orders and non-binding forecasts with Supplier regarding its requirements for Drug Resin Complex.
Production Forecasts. During the term of this Agreement, MSPC shall provide to the Company no later than 60 days prior to the first day of each calendar quarter a forecast of MSPC's orders for [*] for the next 12 calendar months. The first calendar quarter of each such forecast shall be referred to as the "First Quarter Forecast". The second quarter of each such forecast may be adjusted by MSPC for each [*] in the next subsequent calendar quarter's forecast (at which point in time the second quarter forecast becomes the First Quarter Forecast), provided that no such adjustment shall (absent the consent of Neose) cause such First Quarter Forecast to be greater than 115% or less than 85% of the second quarter forecast for such [*] contained in the immediately preceding forecast submitted under this Section.
Production Forecasts. Beginning on the Effective Date, and at each one (1) month interval thereafter, DFC shall provide Pate'x xxxh a first month production/purchase order for the following month, together with forecasts of DFC's anticipated needs for quantities of Product per month during the two (2) month period following such first month. Such first month production/purchase orders shall be firm and shall be filled by Pate'x xx accordance with this Agreement. Such forecasts provided by DFC are for the convenience of Pate'x xxxy, and shall not constitute purchase orders.
Production Forecasts. Licensee, together with other persons who are licensees under an iDFAST License, shall provide to the Consumer Electronics Association (“CEA”) confidential production forecasts of the number of Licensed Products that are expected to be entering the marketplace. Such monthly forecasts shall be provided to CEA for a rolling five- month period for five years from the month that the first Licensed Product is self-certified. This information shall be provided to CEA with the understanding that CEA shall aggregate such information, and provide the aggregate information to CableLabs on a monthly basis. CableLabs will issue only aggregate unit volume reports to Cable Operators for use in their planning. Except as specifically provided herein, CableLabs and Cable Operators shall not use or disclose information provided under this Section 4.3 in any manner whatsoever.
