Reliance on Forecasts Clause Samples
The Reliance on Forecasts clause establishes the extent to which parties may depend on projections or estimates provided during the course of an agreement. Typically, this clause clarifies whether forecasts—such as sales projections, demand estimates, or financial outlooks—are binding or merely informational, and may specify that parties cannot hold each other liable if actual results differ from these forecasts. Its core function is to manage expectations and allocate risk by making clear that forecasts are not guarantees, thereby reducing disputes over unmet projections.
Reliance on Forecasts. CPL may order those Raw Materials necessary or appropriate to fulfill the forecasted Product requirements at the forecasted times, taking into account necessary lead times, agreed upon order policies, any minimum quantities required by suppliers, the Binding Period and any Purchase Orders for Product outside the Binding Period. In no case shall CPL maintain more than a [***] ([***]) month supply of Raw Materials without OptiNose’s prior written consent. If the Purchase Orders for the corresponding period from OptiNose are for a quantity less than would reasonably support the amount of Raw Materials that CPL purchased in good faith in accordance with the preceding sentence, and CPL warrants and represents that it is ultimately, in the exercise of [***], unable to return such Raw Materials or use them, including to make Product hereunder within [***] ([***]) months of receipt of such Raw Materials by CPL and provided [***] has not already been provided by OptiNose for such Raw Materials otherwise under this Agreement, [***]; provided, however, that if CPL later uses such Raw Materials, [***].
Reliance on Forecasts. Elite shall use the forecasts to order and maintain the Raw Materials necessary to fulfil the forecasted Product requirements, taking into account the Raw Material vendor’s lead times, minimum order quantities, and Elite’s lead time. In no case will Elite maintain more than a three (3) month supply of Raw Materials without Mikah’s prior written consent.
Reliance on Forecasts. Epic shall use the forecasts to order and maintain the Raw Materials necessary to fulfil the forecasted Product requirements, taking into account the Raw Material vendor's lead times, minimum order quantities, and Epic's lead time. In no case will Epic maintain more than a three (3) month supply of Raw Materials without Mikah's prior written consent.
Reliance on Forecasts. Hikma may order those Raw Materials necessary or appropriate to fulfill the forecasted Product requirements for the Rolling Forecast, taking into account necessary lead times, agreed upon order policies, and [***]. In no case shall Hikma maintain less than [***] supply of Raw Materials based on the then existing Rolling Forecast (“Safety Stock”) without OptiNose’s prior written consent. If the Purchase Orders for the corresponding period from OptiNose are for a quantity less than would reasonably support the amount of Raw Materials that Hikma purchased in good faith in accordance with the preceding sentence, [***].
Reliance on Forecasts. Supplier has the option of independently --------------------- generating forecasts of its Unforced Capacity and Energy obligations or utilizing the forecasts provided by PPL Electric. Supplier and PPL Electric acknowledge and agree that all forecasts provided by PPL Electric under this Agreement and as part of the RFP process are based on large numbers of assumptions and are subject to significant uncertainties and contingencies, many of which are outside the control of PPL Electric. Therefore, Supplier and PPL Electric also agree that the forecasts provided under this Agreement and the RFP process are non-binding and PPL Electric shall not have any liability for any information contained, or not contained, in those forecasts. Nothing in this Article, and no amount of reliance on the forecasts described herein, reduces or eliminates Supplier's obligation to meet its percentage of the POLR Supply Amount and the POLR Capacity Obligation as set out in this Agreement.