Rolling Forecasts; Second Period Purchase Orders Sample Clauses

Rolling Forecasts; Second Period Purchase Orders. Commencing on September 15, 2005, Purchaser will provide Supplier with a written, rolling three-month purchase forecast which identifies the estimated weekly quantity of Second Period Concentrate to be purchased from Supplier in each of the three full calendar months following the date of such forecast (the “Rolling Forecast”). Except as otherwise provided herein, the Rolling Forecast is for guidance purposes only and shall not constitute an obligation on the part of Purchaser to order the quantities stated therein. Except as otherwise provided herein, Purchaser shall provide Supplier with written updates of the Rolling Forecast on or before the fifteenth (15th) day of each month during the remaining Term. Purchaser shall place orders for Second Period Concentrate not less than twenty (20) days prior to the requested delivery date (the “Second Period Delivery Date” and, together with the Initial Inventory Delivery Date, the “Delivery Date”) and in amounts materially consistent with the Rolling Forecast which shall upon written acceptance by Supplier constitute Purchaser’s firm and binding order for the purchase of Second Period Concentrate (each, a “Second Period Purchase Order” and, together with any other purchase orders hereunder, the “Purchase Orders”). Supplier shall use its best efforts (provided that such efforts do not cause Supplier to incur any material costs) to fill each Second Period Purchase Order to the extent that Supplier can do so using deliveries of cranberry concentrate from Ocean Spray under the Toll Processing Agreement. Purchase Orders and Supplier’s acceptances thereof may be delivered by email or facsimile transmission. In the event of a conflict between the terms of a Purchase Order and the terms of this Agreement, the terms of this Agreement shall govern.