Capacity Planning Forecasts. To ensure the highest level of service, Motricity requires AT&T at least twice per year to provide a forecast estimating the growth of their customer base (3, 6, 9 and 12 months into the future) and likely service usage. This will allow Motricity to plan the required resources to support the services for AT&T’s customers. If AT&T becomes aware of any material changes that would impact any forecast previously provided to Motricity (e.g., if AT&T has a special promotion plan in which a high number of new customers are anticipated), Motricity must be given 30 days advance notice of any change in the forecast to prepare for such additional capacity. If AT&T fails to provide Motricity with such notice, Motricity will not be held responsible for any failures to the performance objectives that could have been avoided had Motricity received such notice. A forecast provided pursuant to this section is only a forecast and is not a commitment on behalf of AT&T for the forecasted amount.
Capacity Planning Forecasts. To ensure the highest level of service, Infospace requires Cingular at least twice per year to provide a forecast estimating the growth of their customer base (3, 6, 9 and 12 months into the future) and likely service usage. This will allow Infospace to plan the required resources to support the services for Cingular’s customers. If Cingular becomes aware of any material changes that would impact any forecast previously provided to Infospace (e.g., if Cingular has a special promotion plan in which a high number of new customers are anticipated), Infospace must be given 30 days advance notice of any change in the forecast to prepare for such additional capacity. If Cingular fails to provide Infospace with such notice, Infospace will not be held responsible for any failures to the performance objectives that could have been avoided had Infospace received such notice. A forecast provided pursuant to this section is only a forecast and is not a commitment on behalf of Cingular for the forecasted amount.
Capacity Planning Forecasts. (a) By the middle of 2008, the parties will establish a committee whose purpose will be to discuss and plan for the estimated capacity of Kureha to supply Compounds hereunder based upon the estimated requirements of Ocera for Compounds (the “MP-Committee”). The MP-Committee will be comprised of an equal number of members from each party. Each year beginning in 2008, Kureha will provide to Ocera, on or before August 1 of each calendar year during the Term, Kureha’s long range capacity planning information for the manufacture of Compounds for next 3 calendar years or such other time period as agreed between the parties, and Ocera will provide to Kureha, on or before September 1 of such calendar year, its long range forecast of Compounds for such 3 years or such other time period. Based upon such information provided by Kureha and Ocera, the MP-Committee will determine by unanimous agreement of its members, the recommended capacity of Kureha’s manufacturing facility to be allocated to Compounds to be supplied hereunder for such 3 years or such other time period (the “Recommended Capacity”), and such recommendation will be provided by the MP-Committee to Kureha for use at Kureha’s annual manufacturing planning meeting, which typically takes place in the first quarter of each calendar year. Within 30 days of each such annual manufacturing planning meeting by Kureha, Kureha shall provide written notice to Ocera of the capacity of Kureha’s manufacturing facility to be allocated to Compounds to be supplied hereunder for the next calendar year, which shall be reasonably within range of the Recommended Capacity for such calendar year (the “Capacity Amount”).
