Common use of Quantity; Forecasts Clause in Contracts

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. 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 ATS: (i) a rolling twelve (12) month forecast of Buyer's quantity requirements for the ATS Nutrient Solution for on the first day of each calendar quarter, with the first calendar quarter in which the First Commercial Sale is projected to occur andcommencing on July 1, 2002; and (ii) at least at the beginning of 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, 2002Thereafter, Buyer shall deliver to ATS at or prior to the end beginning 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. 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 (i) at least one (1) full calendar quarter prior to the calendar quarter in which the First Commercial Sale is projected to occur, 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, and (ii) 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, 2002Thereafter, 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.