Binding Forecasts Sample Clauses
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Binding Forecasts. The Parties acknowledge that Ameritech and Carrier already have established connections between their networks which accommodate current traffic levels and that neither Party can foresee unusual changes in historic traffic growth patterns. Accordingly, binding forecasts shall not be required under this Agreement unless a Party reasonably anticipates an extraordinary change in traffic volumes between their networks over a short period of time. In the event either Party reasonably anticipates an extraordinary change in traffic volumes between their networks over a short period of time, then upon advanced written notice provided by either Party, the Parties shall enter into negotiations to establish a forecast (a “Binding Forecast”) that commits the terminating carrier to use and the originating carrier to provide Interconnection Facilities to be utilized as set forth in such Binding Forecast. The Parties shall negotiate the terms of such Binding Forecast in good faith and may include in such Binding Forecast provisions regarding price, quantity, liability for failure to perform under a Binding Forecast and any other terms desired by the Parties.
Binding Forecasts. Beginning 01May2018, Aerie will provide to Cayman a binding six (6) month forecast starting from the end of the previous period. The binding six (6) month forecast will set forth desired fulfillment dates with quantities that Aerie will be obligated to buy according to the Minimum Purchase Requirements (Exhibit B) and Cayman will be obligated to supply.
Binding Forecasts. In addition to and not in lieu of the non-binding forecasts required by Section 10.2, a Party that is required pursuant to this Agreement to provide a forecast (the “Forecast Provider”) or a Party that is entitled pursuant to this Agreement to receive a forecast (the “Forecast Recipient”) with respect to traffic and volume requirements for the Services provided under this Agreement may request that the other Party enter into negotiations to establish a forecast (a “Binding Forecast”) that commits such Forecast Provider to purchase, and such Forecast Recipient to provide, a specified volume to be utilized as set forth in such Binding Forecast. The Forecast Provider and Forecast Recipient shall negotiate the terms of such Binding Forecast in good faith and shall include in such Binding Forecast provisions regarding price, quantity, liability for failure to perform under a Binding Forecast and any other terms desired by such Forecast Provider and Forecast Recipient.
Binding Forecasts. The portion of each Rolling Forecast that is binding on Purchaser as provided in Section 7.1 shall be a “Binding Forecast.” The portion of each Rolling Forecast that is not binding on Purchaser as provided in Section 7.1 shall be used by Supplier and Purchaser solely for planning purposes.
Binding Forecasts. Forecasts (if any) shall only be binding on Dillon Bass if it is expressly stated in writing on the forecast that it is binding. The Supplier shall review Dillon Bass’ forecast promptly after it is made available and act accordingly where appropriate to achieve Dillon Bass’ order requirements. If a forecast ‘crystallisation period’ is agreed, Dillon Bass may place Orders for Goods via any of the following three methods:
Binding Forecasts. 4.3.1 The quantities of (a) the first [***] months of each Packed Tablets Forecast submitted by Buyer and (b) the first [***] months of each Bulk Tablets Forecast, in each case ((a) and (b)), will be considered binding on a SKU-by-SKU basis and may not be varied in subsequent Forecasts (each such binding portion therein, a “Firm Forecast”). Buyer may not change any Firm Forecast without the written consent of AstraZeneca. The remaining months of each Forecast will be considered non-binding, good faith estimates and any modifications to the Forecasts shall be subject to the variances set forth in Section 4.4.
4.3.2 For clarity, AstraZeneca shall only be obliged to Manufacture quantities of Licensed Product once such quantities have become the subject of confirmed Orders pursuant to Article 4.
Binding Forecasts. Subject to ▇▇▇▇▇▇’s compliance with the terms and conditions hereof and provided that ▇▇▇▇▇▇ is fully capable of Manufacturing and supplying Viking and the Authorized Purchasers with Product as required under the terms of this Agreement (notwithstanding any force majeure or other events outside of ▇▇▇▇▇▇’s control), Viking hereby agrees to order or have its Authorized Purchasers order (i) the amounts forecasted for [...***...] in the [...***...] of the Forecast for [...***...] Products and (ii) the amounts forecasted and confirmed by ▇▇▇▇▇▇ for [...***...] in the [...***...] of the Forecast for [...***...] Products (“Binding Forecast”). Notwithstanding the foregoing and without limiting any of Viking’s other rights or remedies under this Agreement, Viking may in its sole discretion and upon written notice to Corden delay the commencement of the Binding Forecast by (i) up to [...***...] for any reason and (ii) up to [...***...] due to any clinical or regulatory delay or failure, in each case at no cost, obligation or liability to Viking.
Binding Forecasts. The portion of each Rolling Forecast that is binding on Purchaser as provided in Section 7.1 shall be a “Binding Forecast.” The portion of each Rolling Forecast that is not binding on Purchaser as provided in Section 7.1 shall be used by Supplier and Purchaser solely for planning purposes. [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.]
Binding Forecasts. Within fifteen (15) days after the Effective Date, ADM will provide to BH (i) a forecast for the 2022 Production Year volume of BH Soybeans to be ordered by ADM, which will be binding subject to availability of the 2022 crop, and (ii) an [**] for the 2023 Production Year volume of BH Soybeans to be ordered by ADM. Thereafter, commencing in Calendar Year 2023 for the 2024 Production Year and in each subsequent Calendar Year during the Term, ADM will provide BH with its [**] for the volume of BH Soybeans to be ordered by ADM for the following Production Year by June 30 of such Calendar Year. Each forecast described above shall be binding on ADM (the “Binding Forecasts”). Each Binding Forecast will set forth on a Calendar Quarterly basis the volumes of BH Soybeans to be ordered by ADM pursuant to this Agreement.
Binding Forecasts. Facilities. ............................................................................................ -8