1Forecasts. Within five (5) Business Days after the Effective Date and thereafter within the first five (5) Business Days of each Contract Quarter, Indevus will provide to Schering a rolling non-binding (except as set forth in Section 4.3) forecast for (a) prior to Regulatory Approval, six (6) consecutive Contract [*] CONFIDENTIAL TREATMENT REQUESTED Quarters and (b) commencing with the first Commercial Forecast submitted after Regulatory Approval, eight (8) consecutive Calendar Quarters, (starting with the first complete Contract Quarter following the date of the forecast – Q1) of the estimated quantities of Finished Product in SKUs that Indevus intends to order (the “Commercial Forecast”) as follows: • With respect to the [*] as Finished Product, until Indevus notifies Schering that it no longer requires the [*]; • with respect to the [*] as Finished Product, until Indevus notifies Schering that it no longer requires the [*]; • with respect to the [*] as Finished Product, until Indevus notifies Schering that it no longer requires the [*]; • with respect to [*] as Finished Product, specifying the number of [*], until Indevus notifies Schering that it no longer requires [*]. For the first two (2) Contract Quarters, the Commercial Forecast shall be made by month, and for the remaining Contract Quarters, the Commercial Forecast shall be made by Contract Quarter.
1Forecasts. Each quarter by the 10th business day Customer shall submit to Lonza a good faith, estimated [***] rolling forecast of the quantity of Product that Customer expects to order for production commencing with the month following the month in which such forecast is provided (“Forecast”). Each Forecast shall be non-binding, with the exception of the Forecast for the nearest [***] of the Forecast, which shall be considered a firm order for Product (“Firm Order”). For clarity, Customer is obligated to purchase the volumes of Product that are included in the Firm Order regardless of whether Customer issues Purchase Order for such amounts. Lonza shall notify Customer immediately in writing if at any time Lonza has reason to believe that it will not be able to fill a Firm Order. No Forecast shall amend any previous Firm Order.
1Forecasts. (a)At least [***] prior to the beginning of each calendar year during the term of this Agreement, Liquidia will provide Plastiape with a non-binding written forecast of Liquidia’s expected requirements for Product during the following [***].
1Forecasts. Within thirty (30) days after the Effective Time, Aptevo will provide Emergent with a written, non-binding forecast of Batch purchases by Product by month for the following twenty-four (24) months; provided that the number of Vials of each Product forecasted for each month will be specified in integer multiples of the Minimum Batch Size as set forth on Schedule B (a “Forecast”), the first six (6) months of which shall be binding on Aptevo and cannot be changed in subsequent Forecasts (a “Binding Six Month Forecast”) and months seven (7) through nine (9) of which may be increased or decreased by Aptevo by no more than twenty-five percent (25%) of the number of Vials of Product (on a Product-by-Product basis) for the same month in the immediately preceding submitted Forecast (each, a “Semi-Binding Forecast”). By the end of each month thereafter, Aptevo will provide a new Forecast for the twenty-four (24) months commencing with the very next calendar month (a rolling forecast), the first six (6) months of which shall be a Binding Six Month Forecast and months seven (7) through nine (9) of which will be a Semi-Binding Forecast. If Aptevo does not provide a new Forecast by the end of a month, the last Forecast provided shall become the new and most recent Forecast, and the Binding Six Month Forecast shall be comprised of the second through seventh months of the prior Forecast and the Semi-Binding Forecast shall be comprised of the eighth through tenth months of the prior Forecast. The Forecast must include sufficient detail to identify planned purchases per month for twenty four (24) months. Upon receipt of each Forecast, Emergent will provide an indication of Emergent’s ability to meet such Forecast (a “Feasibility Opinion”) and a proposed schedule of Manufacturing dates for the following six (6) months to be updated on a monthly basis. With respect to Emergent, all Forecasts and Feasibility Opinions are for planning purposes only and do not bind Emergent to Manufacture, except to the extent set forth in Section 3.1.2 below. The Project Managers, or their designees within each Party’s supply chain organization management, shall meet monthly in person or by teleconference to discuss the Forecast and the Binding Six Month Forecast and the Semi-Binding Forecast.
1Forecasts. Following execution of this Agreement, and on a monthly basis thereafter, Nevro will provide CCC with a [***] ([***]) month rolling forecast of Nevro’s expected monthly order volume for each of the Products for the forthcoming [***] ([***]) month [***] Certain information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. period (each, a “Forecast”). Nevro agrees to update the Forecast monthly. The first [***] ([***]) months of the Forecast will be considered binding (provided for clarity that no forecast with respect to the IPG 2000 shall be binding unless and until the IPG 2000 has been approved by Nevro in accordance with Exhibit A), and the last [***] ([***]) months of the Forecast will be considered non-binding. If Nevro’s Purchase Orders for the [***] ([***]) month period covered by a binding Forecast are for a quantity less than the volume of Products specified in the Forecast for such [***] ([***]) month period (the “Shortfall”), Nevro will revise such Purchase Orders or submit additional Purchase Orders.
1Forecasts. Each quarter by the 10th business day Customer shall submit to Lonza a good faith, estimated [***] rolling forecast of the quantity of Product that Customer expects to order for production commencing with the month following the month in which such forecast is provided (“Forecast”). Each Forecast shall be non-binding, with the exception of the Forecast for the nearest [***] of the Forecast, which shall be considered a firm order for Product (“Firm Order”). For clarity, Customer is obligated to purchase the volumes of Product that are included in the Firm Order regardless of whether Customer issues Purchase Order for such amounts. Lonza shall notify Customer immediately in writing if at any time Lonza has reason to believe that it will not be able to fill a Firm Order. No Forecast shall amend any previous Firm Order. In order to ensure optimal production planning Customer will use its best efforts to reach an accuracy [***] of the non-binding portion of any Forecast. November 2020Page 3 of 21 CONFIDENTIAL
