Forecasts and Order Limits Sample Clauses

Forecasts and Order Limits. Commencing ninety (90) days prior to the first order of Product from Baxter under this Agreement for commercial sale (excluding Clinical Trial Product) (the “Commencement Date for Annual Forecasts”), and prior to January 1 of each year thereafter, Accentia will provide to Baxter in writing an annual forecast for each calendar year during the remainder of the term of Accentia’s estimated requirements for each Product (the “Long Range Forecast”). Commencing on the Commencement Date for Annual Forecasts of this Agreement and prior to the tenth (10th) calendar day of each month thereafter, Accentia will provide Baxter in writing a twelve (12) month rolling forecast of Accentia’s estimated requirements for each Product (the “Rolling Forecast”); other than the first ninety (90) days of each Rolling Forecast, which shall be binding, Baxter specifically agrees that such Long Range Forecasts and Rolling Forecasts submitted by Accentia will be for general planning purposes only. Prior to January 1 of each calendar year, beginning with the Commencement Date for Annual Forecasts, Accentia will provide to Baxter in writing a monthly forecast of Accentia’s requirements for each Product for the next succeeding calendar year (both of the foregoing hereby the “Annual Forecast”). Prior to the commencement of each calendar quarter, Accentia may in its discretion revise its forecast for the subsequent quarter(s) (each such revised forecast, a “Revised Forecast”), provided that each such Revised Forecast shall reflect no quarterly amount more than one hundred twenty percent (120%) of the most recent quarterly forecast amount for such quarter. During each calendar quarter, Baxter shall supply Accentia with the quantity of Product ordered by Accentia, unless the quantity for any calendar quarter exceeds one hundred twenty percent (120%) of the Annual Forecast for such calendar quarter, in which event Baxter shall use good faith efforts to supply quantities in excess of one hundred twenty percent (120%) of the Annual Forecast for such calendar quarter. In no event shall Accentia order and purchase in any calendar quarter less than eighty percent (80%) of the Annual Forecast for such calendar quarter.

Forecasts and Order Limits. 4.1.1 Commencing on the date of this Agreement, and prior to October 1 of each year thereafter, AMYLIN will provide to BAXTER in writing an annual forecast, for each calendar year during the remainder of the Term, of AMYLIN’s estimated contract requirements for Product (the “Long Range Forecast”). The annual forecast for the first full year of the Long Range Forecast shall be the “Annual Forecast”. Commencing on the date of this Agreement and prior to each January 1, April 1, July 1 and October 1, of each year thereafter, AMYLIN will provide BAXTER in writing an [***] rolling forecast of AMYLIN’s estimated contract requirements for Product by Presentation (the “Rolling Forecast”). BAXTER specifically agrees that such Long Range Forecasts and Rolling Forecasts submitted by AMYLIN will be for general planning purposes only, and shall not be binding on AMYLIN or BAXTER, except as specified in Section 4.1.2.

Forecasts and Order Limits. PURCHASER will provide XXXX with an initial stocking order of Devices. Commencing on the date of this Agreement through the Term, PURCHASER shall provide to XXXX weekly purchase orders. Such purchase orders will become the standard for this Agreement and continue for the Term without regard to any termination of the Distribution Agreement. Notwithstanding anything else contained herein, in no event shall XXXX be obligated to accept an order for a quantity of the Device for any single month which is in excess of two hundred percent (200%) of the average number delivered to PURCHASER in three (3) months prior to such single month.

Forecasts and Order Limits. 4.1.1 Prior to July 10 of each calendar year after the Effective Date, CLIENT will provide to BAXTER in writing a [CONFIDENTIAL TREATMENT REQUESTED] forecast for each calendar year during the remainder of the Term of CLIENT's estimated orders for Products (the "Long Range Forecast"). BAXTER specifically agrees that such Long Range Forecasts submitted by CLIENT will be for general planning purposes only, and shall not be binding on CLIENT or BAXTER.