Forecasted Production definition
Examples of Forecasted Production in a sentence
A storage fee may be assessed for such retained Client-Supplied Components or equipment beginning [**] days after cessation or interruption of the Production in the event that Client does not have any open, unfulfilled Purchase Orders or binding Forecasted Production.
If the Parties do not enter into a new Phase 1-3 Agreement with respect to the Products at least [***] prior to expiration of the then-current Pricing Validity Period and Seller has not provided at least [***] months’ prior written notice to Tesla that Seller does not wish to renew the Phase 1-3 Agreement, then this Phase 1-3 Agreement shall renew for successive periods of [***] on the then-current terms (including price) with an Annual Forecasted Production Volume equal to [***].
Seller acknowledges that the Annual Forecasted Production Volume is provided for planning purposes only and is not a volume guarantee and Tesla shall have no liability for failure to order the forecasted volumes or any quantity of Products.
If ▇▇▇▇▇▇ is storing Client-Supplied Components and Client does not have any open, unfulfilled Purchase Orders or binding Forecasted Production, ▇▇▇▇▇▇ may destroy such items at Client’s expense, upon [**] days’ notice of intent to destroy and opportunity to take delivery prior to the scheduled shipment for destruction (it being understood that ▇▇▇▇▇▇ shall not so destroy any Client-Supplied Components in the event that Client submits a Purchase Order.
Except as set forth in this Section 3.2 and in a Facility Addendum, such Forecasted Production Plan is [**].
At least 30 days prior to the end of the Stub Year, and at least 30 days prior to the end of each subsequent calendar year during the Term, the Parties shall, in good faith, discuss the Forecasted Production Capacity for the following calendar year.
If the Parties are unable to mutually agree in writing, acting reasonably and in good faith, on the Forecasted Production Capacity for the calendar year that follows the Stub Year by the beginning of such new calendar year, the then-current calendar year’s Actual Production shall be used as the Forecasted Production Capacity for such subsequent calendar year.
For purposes hereof, the term “hedged” as used in this Section 5.17 shall mean that the applicable Hedge Contracts have the aggregate effect of materially reducing or eliminating the risk of negative fluctuations in the price of the relevant Forecasted Production.
Seller shall be entitled determine, in its sole discretion, up to 30% of the total Products (measured by weight) contemplated in the Stub Year Forecasted Production Capacity or the Forecasted Production Capacity, as applicable, to be produced during the course of each applicable period.
For all subsequent calendar years during the Term, if the - 9 - Parties cannot agree in writing on the Forecasted Production Capacity for the next year by the end of the then-current calendar year, in each case acting reasonably and in good faith, the then-current calendar year’s Actual Production plus an additional two percent shall become the following calendar year’s Forecasted Production Capacity.