Volume Forecasts Sample Clauses

Volume Forecasts. Buyer may provide Seller with estimates, forecasts or projections of its future anticipated volume or quantity requirements for goods. Seller acknowledges that any such forecasts are provided for informational purposes only and, like any other forward looking projections, are based on a number of economic and business factors, variables and assumptions, some or all of which may change over time. Buyer makes no representation, warranty, guaranty or commitment of any kind or nature, express or implied, regarding any such forecasts provided to Seller, including with respect to the accuracy or completeness of such forecasts.

Volume Forecasts. Prior to the Service Commencement Date and by the end of each calendar quarter thereafter, Customer shall provide Supplier with forecasts covering a good faith estimate of the monthly traffic volume and distribution for the ordered Services for the next three calendar months. The forecasts are to be in the format attached hereto as Exhibit C.

Volume Forecasts. Based on end customer’s information, Xxxx-Xxxxx must provide Supplier with planning, forecasts or projections of future requirements for volume or material needs. Supplier acknowledges that the forecasts provided by Xxxx-Xxxxx are solely for informational purposes, because they are determined by customer’s needs and, as such, subject to periodic modification.

Volume Forecasts. At least 30 days prior to the beginning of each Agreement Quarter ending after the Promotion Commencement Date, King shall submit to the JCC a written forecast by month of the number of Units of Product expected to be sold in the Territory during the twelve (12) month period beginning with such Agreement Quarter, which forecast shall be prepared by King in good faith. In order to assist King in developing such forecasts, Depomed shall give King trade wholesaler stocking levels information within ten days following the beginning of each Agreement Quarter ending after the Promotion Commencement Date (or, if later, within two business days after such information becomes available to Depomed). The JCC shall review and discuss such forecast and shall make such modifications thereto as may be necessary for such forecast to be unanimously approved by the JCC and to be consistent with the forecasting and purchasing provisions of Depomed’s Third Party supply agreement relating to the Product (as so modified and approved for the applicable twelve (12) month period, the “Volume Forecast”). Depomed shall use reasonable best efforts to manufacture and distribute, or cause to be manufactured and distributed, Product consistent with the Volume Forecast. The Volume Forecast for the twelve month period beginning on August 1, 2006 is attached hereto as Schedule 6.3.

Volume Forecasts. At least sixty (60) days before April 1 and October 1 (each a “Start Date”) of each year, the Company will submit to Hitachi a written preliminary non-binding forecast (“Volume Forecast”) setting forth the Company’s anticipated requirements for the Transitional Services for the six (6) month period (each, a “Period”) commencing on the upcoming Start Date. Each Volume Forecast shall include at least the type and volume of each Transitional Service required by the Company for the relevant Period.

Volume Forecasts. Within thirty (30) days prior to (i) the commencement of the first Contract Year under this Agreement and (ii) March 31, June 30, September 30 and December 31 of each Contract Year thereafter, Customer shall furnish Supplier with its Volume Forecast for the ninety (90) day period commencing on the first day of the next succeeding month ("Quarter"). Each such Volume Forecast shall be in writing and shall contain Customer's non-binding estimate of (a) the number of pounds of Products out of the Minimum Quantity provided for in Paragraph 2 which Customer expects to purchase from Supplier during such Quarter, and (b) the number of pounds of soybean oil out of the Optional Quantity provided for in Paragraph 3 which Customer expects to offer to purchase from Supplier during such Quarter.

Volume Forecasts. During the Steady State Period, Customer will provide Provider with rolling ninety (90) day volume forecasts at least sixty (60) days in advance of each month, starting with the first full month after the SS Commencement Date (the “Volume Forecasts”); provided, however, that the initial two (2) Volume Forecasts shall not be subject to the foregoing 60-day advance provision requirement. The Volume Forecasts shall be binding on Customer forty-five (45) days after Customer provides the Volume Forecast to Provider. Each Volume Forecast shall be signed by the Customer Account Manager and acknowledged in writing by the Provider Account Manager. If the actual volume of transactions during a particular month does not deviate more than * from the binding Volume Forecast for that month (the “Acceptance Forecast Variance”), Customer will pay Provider for the actual volume of transactions processed during such month, subject to any applicable SLA Credits or SLA Bonuses. If the actual volume of transactions is less than the binding Volume Forecast for that month by more than *, then, in addition to paying for the actual volume of transactions, Customer shall pay Provider for the number of transactions that fall below the Acceptable Forecast Variance (the “Shortfall Transactions”) for that month such that, when such Shortfall Transactions are added to the actual volume for the month, the sum shall be equal to * of the applicable binding Volume Forecast. If the actual volume of transactions are greater than the Volume Forecast by more than *, Customer shall pay Provider for the actual volume processed, subject to any applicable SLA Credits or Bonuses, provided that Provider shall not be responsible for maintaining service levels agreed upon in the relevant SOW (or liable for SLA Credits thereon) for the volume of transactions that exceed the Acceptable Forecast Variance (the “Surplus Transactions”). Notwithstanding the foregoing sentence relating to Surplus Transactions, to the extent applicable, a SOW may also specify the maximum volume of transactions that Provider can process in one day. (a) For example, if the binding Volume Forecast for the month of March is * transactions: (i) If the actual volume of transactions processed for March is * transactions, Customer shall pay Provider for such * transactions as well as an additional * transactions because such * transactions represent the number of Shortfall Transactions for such month. (ii) If the actual volume of trans...

Volume Forecasts. EnergyAustralia notes that JGN has submitted forecasts prepared by NIEIR. While recognising that we are in a period of economic uncertainty EnergyAustralia is of the view that NIEIR have taken an overly pessimistic view of the economic future. For example, under the heading of the exchange rate in Section 2.2.2 NIEIR comment that the “Australian exchange rate could collapse at any time. That is, fall to the 30 to 40 cents range.” It goes on to further say “In any case, the exchange rate will go to relatively low levels. That is, to the 50 to 60 cents range”. If the volume and/or demand forecasts have been prepared on the basis of the economic view put forward by NIEIR as part of their report, it should be updated in light of more recent information. At a high level EnergyAustralia agrees with the approach taken by JGN to forecast volumes in the tariff market. However, EnergyAustralia has attempted to reconcile the volume forecasts presented by NIEIR and is unable to do so. The information presented in the tables is confusing. It is not clear whether the information is being presented on a calendar year or financial year basis or whether the customer numbers are average customer numbers or a point in time customer number (and if they are a point in time what that point in time is). Further it appears that the reduction in average usage for existing customers shown in Table 5.2 does not reconcile with the information provided in Section 4 of the NIEIR Report as the reduction appear greater than those explained. EnergyAustralia also questions the calculation of the reduction figures quoted, however, in the absence of full information is unable to verify them. EnergyAustralia notes that the AER has indicated that they have engaged consultants to review JGN’s proposal including their demand forecasts and presumably customer numbers and volumes for volume customers. We trust that this review will cover a full review of the assumptions that JGN has made in determining the volume forecasts from both a load perspective and a customer number perspective.

Volume Forecasts. At least 30 days prior to the beginning of each Agreement Quarter ending after the Promotion Commencement Date, unless the Parties otherwise agree in writing to an alternative method of forecasting Product prescriptions in the Territory within the Field, Xxxxxx shall submit to the JSC a written non-binding forecast by

Volume Forecasts. This Section shall be replaced in its entirety with the following: