Common use of Forecasting and Ordering Clause in Contracts

Forecasting and Ordering. No later than the [***], Customer shall supply Lonza with a [***] forecast showing Customer’s good faith estimated [***] requirements for Batches for at a minimum the following [***] period (the “Forecast”). No later than [***] days following Lonza’s receipt of a Forecast, Lonza shall provide written notice to Customer of whether it has (as of the date of receipt of the Forecast) capacity available to manufacture the number of Batches forecasted therein and shall provide Customer with an estimated production schedule showing the estimated Commencement Date and delivery date of each Batch. The first [***] of any Forecast shall be binding (“Binding Forecast”). Binding purchase orders (“Purchase Orders”) for the entire [***] shall be submitted by Customer on the basis of the Binding Forecast within [***] business days after receipt of Lonza’s estimated Commencement Data and delivery date of each Batch. No Forecast shall amend any previous Binding Forecast. In order to ensure optimal production planning, Customer will use its best efforts to reach an accuracy of [***] of the non-binding portion of any Forecast.

Appears in 2 contracts

Samples: Services Agreement (Sciclone Pharmaceuticals Inc), Services Agreement (Sciclone Pharmaceuticals Inc)

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Forecasting and Ordering. No later than the [***], Customer shall supply Lonza with a [***] written forecast showing Customer’s good faith estimated [***] quarterly requirements for Batches for at a minimum the following [***] period (the “Forecast”). No later than [***] days following Lonza’s receipt of a Forecast, Lonza shall provide written notice to Customer of whether it has (as of the date of receipt of the Forecast) capacity available to manufacture the number of Batches forecasted therein and shall provide Customer with an estimated production schedule showing the estimated Commencement Date and delivery date of each Batch; provided that if the Forecast for any [***] exceeds the capacity reserved for such [***] in Section 6.4 of this Agreement or agreed between the Parties in accordance with Section 6.9 of this Agreement (the “Reserved Capacity”), Lonza shall notify Customer within [***] of receipt of the Forecast of its ability (as of the date of receipt of the Forecast) to manufacture the number of Batches forecasted in excess of the Reserved Capacity. The first [***] of any Forecast shall be binding (“Binding Forecast”). Binding Except as otherwise provided in Section 6.4 below, binding purchase orders (“Purchase Orders”) for the entire [***] shall be submitted by Customer on the basis of the Binding Forecast within [***] business days after receipt of Lonza’s estimated Commencement Data and delivery date submission of each Batchthe Forecast. No Forecast shall amend any previous Binding Forecast. In order to ensure optimal production planning, Customer will use its best efforts to reach and all Purchase Orders shall be for an accuracy of amount not less than [***] of the non-binding portion of any Forecast].

Appears in 1 contract

Samples: Services Agreement (Intra-Cellular Therapies, Inc.)

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Forecasting and Ordering. No later than the [**] day of each calendar [*], Customer Radius shall supply Lonza with a [***] written forecast showing Customer’s Radius’ good faith estimated [***] requirements for [*] Batches for at a minimum the following [***] period (the “Forecast”). No later than [***] days following Lonza’s receipt of a Forecast, Lonza shall provide written notice to Customer Radius of whether it has (as of the date of receipt of the Forecast) capacity available to manufacture the number of [*] Batches forecasted therein and shall provide Customer Radius with an estimated production schedule showing the estimated Commencement Date and delivery [*] date of each BatchcGMP Batch [*]. The first [***] of any Forecast shall be binding (“Binding Forecast”). Binding purchase orders (“Purchase Orders”) Orders for the entire [***] shall be submitted by Customer Radius on the basis of the Binding Forecast within [**] days of [*] business days after receipt of Lonza’s estimated Commencement Data and delivery date of each Batchthe [*] Radius’ Forecast [*]. No Forecast shall amend any previous Binding Forecast. In order to ensure optimal production planning, Customer planning Radius will use its best commercially reasonable efforts to reach an accuracy of [***] of the non-binding portion of any Forecast.

Appears in 1 contract

Samples: Services Agreement (Radius Health, Inc.)

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