Common use of Rolling Forecast Clause in Contracts

Rolling Forecast. No later than one hundred eighty (180) days prior to the intended supply of the first Production Instrument, QTX shall provide STRATEC with QTX’s initial forecast for the twelve (12) month period commencing with the intended supply of the first Production Instrument. During the first two (2) working days of each calendar quarter following the submission of the initial forecast, such quarter to begin on the first day of January, April, July and October, QTX shall provide STRATEC with a regular rolling forecast for the twelve (12) month period following the quarter in which the regular rolling forecast is submitted. Each forecast shall include the anticipated number of Production Instruments and the desired delivery dates. QTX warrants that such forecasts shall have been prepared in good faith in order to facilitate STRATEC’s timely manufacture according to the terms of this Agreement. The number of Production Instruments included in the first quarter of each regular rolling forecast shall be deemed to have been ordered by QTX on a binding basis (Firm Purchase Order). The number of Production Instruments included in the second quarter of each regular rolling forecast shall be deemed to be a commitment to order at —20%/+20% of those Production Instruments (by including them in the first quarter of the next rolling forecast). The number of Production Instruments included in the third and fourth quarter of each regular rolling forecast shall be non-binding on either Party and will be provided for planning purposes only.

Rolling Forecast. No later than one hundred eighty (180) days prior to the intended supply of the first Production Instrument, QTX Gen-Probe shall provide STRATEC with QTXGen-Probe’s initial forecast for the twelve (12) month period commencing with the intended supply of the first Production Instrument. During the first two (2) working days of each calendar quarter following the submission of the initial forecast, such quarter to begin on the first day of January, April, July and October, QTX Gen-Probe shall provide STRATEC with a regular rolling forecast for the twelve (12) 12 month period following the quarter in which the regular rolling forecast is submitted. Each forecast shall include the anticipated number of Production Instruments and the desired delivery dates. QTX warrants Gen-Probe agrees that such forecasts shall have been be prepared in good faith in order to facilitate STRATEC’s timely manufacture according to the terms of this Agreement. The number of Production Instruments included in the first quarter of each regular rolling forecast shall be deemed to have been ordered by QTX Gen-Probe on a binding basis (Firm Purchase Orderfirm purchase order). The number of Production Instruments included in the second quarter of each regular rolling forecast shall be deemed to be a commitment to order at —20%/+20–50%/+50% of those Production Instruments (by including them in the first quarter of the next rolling forecast). The number of Production Instruments included in the third and fourth quarter of each regular rolling forecast shall be non-binding on either Party party and will be provided for planning purposes only.

Rolling Forecast. No later than one hundred and eighty (180) days prior to the intended supply of the first Production Instrument, QTX QUOTIENT shall provide STRATEC with QTXQUOTIENT’s initial forecast for the twelve (12) month period commencing with the intended supply of the first Production Instrument. During the first two (2) working business days of each calendar quarter following the submission of the initial forecast, such quarter to begin on the first day of January, April, July and October, QTX QUOTIENT shall provide STRATEC with a regular rolling forecast for the twelve (12) month period following the quarter in which the regular rolling forecast is submitted. Each forecast shall include the anticipated number of Production Instruments and the desired delivery dates. QTX QUOTIENT warrants that such forecasts shall have been prepared in good faith in order to facilitate STRATEC’s timely manufacture according to the terms of this Agreement. The number of Production Instruments included in the first quarter of each regular rolling forecast shall be deemed to have been ordered by QTX QUOTIENT on a binding basis (Firm Purchase Order). The number of Production Instruments included in the second quarter of each regular rolling forecast shall be deemed to be a commitment to order at —20%/+20% [–50%/+50%] of those Production Instruments (by including them in the first quarter of the next rolling forecast). The number of Production Instruments included in the third and fourth quarter of each regular rolling forecast shall be non-binding on either Party and will be provided for planning purposes only.