Amending Forecasts Clause Samples
Amending Forecasts. Any Bulk Product Forecast that is not a Firm Order is to be considered a forecast or estimate to be used for planning purposes, and shall not be construed as a firm commitment by Savient to BTG and thus can be increased or reduced by Savient from time to time. Savient shall be entitled at any time up until and including the time that a Firm Forecast or Estimated Forecast becomes a Firm Order, to increase or decrease such monthly Firm Forecast or Estimated Forecast for Bulk Product, provided, however, such increases or decreases on a monthly basis shall not be greater than twenty-five percent (25%) of the originally forecasted quantity for such month and each month may not be increased and decreased more than one time. As a request by Savient to increase the quantity of Bulk Product in a Firm Forecast prior to its becoming a Firm Order may require longer lead times for delivery than requested by Savient, both Parties shall agree jointly on a new delivery date as close as possible to the requested date having due regard for BTG’s commercial commitments to Third Parties and its own production needs, such agreement to not be unreasonably withheld, conditioned or delayed. Once a Firm Forecast becomes a Firm Order, Savient may not reduce it, but may request that BTG increase the quantity of Bulk Product subject to a Firm Order and BTG shall use commercially reasonable efforts to fill the increased order.
Amending Forecasts. Any portion of the Forecast that is not a Firm Period is to be considered an estimated forecast to be used for planning purposes, and shall not be construed as a firm commitment by Licensee to Acorda; rather, it can be increased or reduced by Licensee from time to time; provided, however, that (a) Licensee may not decrease the quantities specified in any Forecast with respect to any Firm Period; (b) if Licensee increases the quantities specified in any Forecast with respect to any Firm Period, Acorda shall use Commercially Reasonable Efforts (having regard to its and its Third Party manufacturers’ manufacturing capacity and ability), but shall not be obligated, to supply such additional Product; and (c) Licensee may not increase or decrease by more than [*****] in the aggregate the amount of Product required in a Calendar Quarter compared to the previous Calendar Quarter, except for Launch Stocks or unless otherwise agreed by Acorda.
Amending Forecasts. Each Product Forecast may vary from prior Product Forecasts subject only to the limits previously set forth in this Section 8.2.
Amending Forecasts. Any Commercial Forecast that is not a Firm Order is to be considered an estimated forecast to be used for planning purposes, and shall not be construed as a firm commitment by Tetraphase to Novasep; rather, it can be increased or reduced by Tetraphase from time to time, provided that, (i) Novasep shall have no obligation to manufacture Product in accordance with any Commercial Forecast that is not the subject of a Firm Order and which is increased by greater than [**] percent ([**]%) above the previously forecast amount (the “Acceptable Range”); and (ii) Tetraphase shall have no right or remedy with respect to any inability of Novasep to supply Product in accordance with any Commercial Forecast that is not the subject of a Firm Order and which is increased beyond the Acceptable Range.Notwithstanding the foregoing, Novasep shall use commercially reasonable efforts to fulfill any Firm Order and which is increased beyond the Acceptable Range.
Amending Forecasts. Forecasts for any new period(s) not appearing in a prior Forecast shall be subject to Althea’s acceptance, unless the amounts constitute Guaranteed HSL Capacity or priority Rota 150 capacity under the CRA (section 4.4) or as otherwise agreed in writing by ▇▇▇▇▇▇. The non-binding portion of a Forecast for quarters appearing in prior accepted Forecasts can be increased or reduced by Client from time to time, provided that the quantity difference may not be greater than [**]% versus the first accepted Forecast for that Client Product for the same quarter. ▇▇▇▇▇▇ shall use commercially reasonable efforts to support any Client’s need for increased volumes of Client Product should market conditions so require.
Amending Forecasts
Amending Forecasts