Common use of Binding Forecasts Clause in Contracts

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. In addition to and not in lieu of the non-binding forecasts required by Section 10.2, a Any Party that is required required, pursuant to this Agreement Agreement, to provide a forecast (the “Forecast Provider”) or a the 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 services and Network Elements provided under this Agreement Agreement, may request in addition to non-binding forecasts required by Section 20.4, that the other Party enter enters into negotiations to establish a forecast (a “Binding Forecast”) that ). Such Forecast commits such the Forecast Provider to purchase, and such the 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. Notwithstanding Section 29.6.1, the Parties agree that each forecast provided under this Section (20.5) shall be deemed “Proprietary Information” under Section 29.6.