Common use of SUPPLY OF THE PRODUCTS Clause in Contracts

SUPPLY OF THE PRODUCTS. The Parties acknowledge and agree that IceCure shall retain the exclusive right to make and have made the Product. No later than September 30th of each calendar year during the Term, Terumo shall submit a non-binding good faith rolling Forecast of Terumo’s anticipated quarterly demand of the Products for the coming calendar year for the Territory and the Limited Territory (the “Forecast”). IceCure shall notify Terumo within five (5) Business Days from the receipt of the Forecast if it expects it will not be able to fulfill the Forecast and thereafter the Parties shall discuss the Forecast in good faith. IceCure will be deemed to have accepted the Forecast unless IceCure notifies Terumo of said non-fulfillment expectation within five (5) Business Days from the receipt of the Forecast. Subject to the terms of this Agreement, IceCure shall manufacture or have manufactured and supply or have supplied and maintain a capacity of manufacturing to fulfill the accepted Forecast, for the Territory and the Limited Territory, and Terumo shall purchase from IceCure Product for sale in the Territory and the Limited Territory in accordance with the terms and conditions of this Agreement.

SUPPLY OF THE PRODUCTS. The Parties acknowledge and agree that IceCure shall retain the exclusive right to make and have made the Product. No later than September 30th of each calendar year during the Term, Terumo shall submit a non-binding good faith rolling Forecast of Terumo’s anticipated quarterly demand of the Products for the coming calendar year for the Territory and the Limited Territory (the Territory(the “Forecast”). IceCure shall notify Terumo within five (5) Business Days from the receipt of the Forecast if it expects it will not be able to fulfill the Forecast and thereafter the Parties shall discuss the Forecast in good faith. IceCure will be deemed to have accepted the Forecast unless IceCure notifies Terumo of said non-fulfillment expectation within five (5) Business Days from the receipt of the Forecast. Subject to the terms of this Agreement, IceCure shall manufacture or have manufactured and supply or have supplied and maintain a capacity of manufacturing to fulfill the accepted Forecast, for the Territory and the Limited Territory, and Terumo shall purchase from IceCure Product for sale in the Territory and the Limited Territory in accordance with the terms and conditions of this Agreement.