Quantity; Forecasts. 3.2.1 With respect to the purchase of the ATS Nutrient Solution under this Section 3, Buyer shall deliver to ATS as soon as practical a forecast of Buyer's quantity requirements for the ATS Nutrient Solution for the calendar quarter in which the First Commercial Sale is projected to occur and, at least one (1) full calendar quarter prior to the calendar quarter in which the First Commercial Sale is projected to occur, Buyer's firm purchase order and Delivery Dates for the ATS Nutrient Solution for such calendar quarter, which shall be subject to acceptance by ATS, which acceptance shall not be unreasonably withheld, and a good faith forecast of its quantity requirements for the ATS Nutrient Solution for the next three (3) calendar quarters, provided that no forecasts or purchase orders need be given for any period after the term of this Agreement. Beginning on January 1, 2002, Buyer shall deliver to ATS at or prior to the end of each calendar quarter, Buyer's firm purchase order and Delivery Date for the ATS Nutrient Solution for the next calendar quarter following such calendar quarter, which shall be subject to acceptance by ATS, which acceptance shall not be unreasonably withheld, and a good faith forecast of its quantity requirements for the ATS Nutrient Solution for the next three (3) calendar quarters. If a required forecast or purchase order for a quarter is not timely submitted for the ATS Nutrient Solution, the immediately preceding forecast for that quarter shall become the new forecast or purchase order; if there is no preceding forecast for a quarter, the forecast or purchase order for the immediately preceding quarter shall become the forecast or purchase order.
Quantity; Forecasts. (a) With respect to each Project, Pfizer shall deliver to XOMA (i) at least four (4) full calendar quarters prior to the calendar quarter in which the First Commercial Sale of such Product is projected to occur, a forecast of Pfizer's quantity requirements for such Product for the calendar quarter in which the First Commercial Sale of such Product is projected to occur and (ii) at least one (1) full calendar quarter prior to the calendar quarter in which the First Commercial Sale of such Product ("Delivery Date") for such calendar quarter and a forecast of its quantity requirements for such Product for the three (3) following calendar quarters. Thereafter, Pfizer shall deliver to XOMA at or prior to the end of each calendar quarter, Pfizer's firm order and Delivery Date for such Product for the second calendar quarter following such calendar quarter and a forecast of its quantity requirements for such Product for the three (3) following calendar quarters. For purposes of illustration only, on or before September 30, 1987, Pfizer must give to XOMA its firm order for delivery of Product in the first calendar quarter of 1988 and a forecast of its requirements for the second, third and fourth quarters of 1988. On or before December 31, 1987, Pfizer must give XOMA its firm order for delivery of Product in the second quarter of 1988, updated forecasts of its requirements for the third and fourth quarter of 1988 and a forecast of its requirements for the first quarter of 1989.
(b) For each quarterly forecast of Product, the amount of Product forecasted for delivery in the first of the three calendar quarters forecasted shall be not less than fifty percent (50%) or more than one hundred fifty percent (150%) of the most recent previous forecast for such quarter.
(c) The total amount of each Product ordered by Pfizer for delivery in any one calendar quarter may not be less than seventy-five percent (75%) of Pfizer's most recent forecast of its requirements for such Product for such quarter. In addition, XOMA will not be obligated to supply more than one hundred twenty-five percent (125%) of Pfizer's most recent forecast of its requirements for such product for such quarter. If a Pfizer product requirement for any quarter exceeds 125% of Pfizer's most recent forecast of its requirements for such Product for such calendar quarter, XOMA and Pfizer will discuss in good faith the additional amount which XOMA will be able to supply consistent with its other obligations an...
Quantity; Forecasts. (a) Buyer shall deliver to Seller once every calendar quarter a 12-month forecast of Buyer’s projected Requirements of Seller Solution (“Forecast”). The first Forecast shall be provided to Seller no less than one (1) full calendar quarters prior to the time when the First Commercial Sale of Buyer Products is projected to occur. No Forecast shall be binding or treated as a firm order. Buyer shall deliver to Seller at least thirty (30) days prior to First Commercial Sale of Buyer Products or at least thirty (30) days after Execution Date written below of this Agreement, which ever is first a firm order for the initial calendar quarter commencing on the First Commercial Sale date. No Forecasts or orders need be given for any period after the term of this Agreement.
(b) Buyer's forecasts and orders shall reflect its good-faith expectations of customer demand, and Buyer shall act in a commercially reasonable manner to schedule orders to avoid creating production capacity problems for Seller.
Quantity; Forecasts. A. Buyer and Seller will mutually agree within thirty (30) days of signing this Agreement, an initial order volume and the first delivery date. Buyer at this time will provide a reasonable best estimate of the next three quarter's forecast for the Product.
B. Commencing on the second year of this Agreement, Buyer will provide Seller a forecast of Buyer's quantity requirements for such Product for at least the next four (4) full calendar quarters. Thereafter, Buyer shall deliver to Seller at or prior to the end of each calendar quarter, Buyer's firm order for such Product for the second calendar quarter following such calendar quarter and a forecast of its quantity requirements for such Product for the three (3) following calendar quarters.
C. Commencing in the second year of this Agreement, the amount of any Product forecasted for delivery in the first of the three calendar quarters forecasted of year two of this Agreement shall be *** *** of the most recent previous forecast for such a quarter.
D. After the first year of this Agreement the total amount of each Product ordered by Buyer for delivery in any calendar quarter for which an order is required may *** ** of Buyer's most recent forecast of its requirements for such Product for such quarter. In addition, Seller's supply obligation will not extend *** *** of Buyer's most recent forecast of its requirements for such *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.
Quantity; Forecasts. Commencing on the Effective Date, ATML shall provide Symbios with non-binding four (4) month rolling delivery forecast on the twentieth (20th) day of each month. Notwithstanding any forecast provided by ATML, ATML shall have the right to order an unlimited quantity of Helium ASICs in accordance with this Article 4.
Quantity; Forecasts. DAS shall deliver to Eon on a quarterly basis during the Term a non-binding forecast of DAS quantity requirements for Product for the following twelve (12) month period. Eon understands and agrees that DAS forecasts are nonbinding until Purchase Orders are placed and that forecasts for orders may be adjusted or cancelled by DAS in its sole discretion.
Quantity; Forecasts. With respect to each Product, Gliatech will issue to EMCM firm orders for a period of one full calendar quarter, and provide forecasts covering a period of one additional quarter. One month prior to the beginning of the forecast quarter, Gliatech will issue to EMCM firm orders for that forecast period, and a forecast for the next calendar quarter. Attachment I is the firm order for the calendar quarter ended March 31, 2001 and contains the forecast for the quarters and years of 2001 and 2002.
Quantity; Forecasts. 3.1 The University may provide the Supplier with a forecast of its indicative requirements for Products or Services. Any forecast provided by the University under this clause is a good faith estimate only and will not be binding on the University. The University will endeavour to advise the Supplier of substantial changes from forecasted requirements.
Quantity; Forecasts. (a) Two (2) months prior to commencement of production Buyer will provide to Seller (i) a firm purchase order and Delivery Dates for Products covering the immediately following two (2) month period and (ii) a good faith forecast of its
(i) the third month of the six month forecast's commitment may be increased or decreased by up to an aggregate of twenty five percent (25%) of the forecast for that month, (ii) the fourth month of the six month forecast's commitment may be increased or decreased by up to an aggregate of fifty percent (50%) of the forecast for that month and (iii) the fifth and sixth months of each six month forecast's commitment may be increased or decreased by up to an aggregate of one hundred percent (100%) of the forecast for each month. If a required forecast or order for a month is not timely submitted for Products, then the sixth month of the immediately preceding forecast shall become the new forecast or order for the last month of the late forecast.
Quantity; Forecasts. While the Council may give the Supplier estimates of the Council’s future requirements of the Goods or Services, these estimates may prove to be inaccurate and the Supplier confirms that it will not rely on them in any circumstances. The Council does not warrant the accuracy and sufficiency of this information and the Council shall be under no obligation to purchase any or a particular quantity from the Supplier.
