FORECASTS, ORDERING PROCEDURES Sample Clauses

FORECASTS, ORDERING PROCEDURES. 3.1 Forecast. Throughout the Term, no later than the [***], Buyer shall provide Seller with a [***] forecast of the volume of Products Buyer expects to purchase from Seller pursuant to this Agreement (“Forecast”), for which the following percentages shall be a binding supply obligation upon Seller and binding purchase obligation upon Buyer as follows: Month M [***] of Forecast volume Month M+1 [***] of Forecast volume However, in the event that Buyer’s Forecast provides less than [***] notice of an increase in a specific month’s Forecast, as compared against the prior two months’ Forecasts, then Seller will use commercially reasonable efforts to supply such volume in excess of such originally forecasted volume, but shall not be deemed in breach of its supply obligations for failure to supply such excess volume. For purposes of clarification, if Buyer issues a Forecast on January 1, 2021 requesting the following volumes of [***] in January 2021 (Month M) and [***] in February (Month M+1), then Buyer shall be obligated to purchase and Seller shall be obligated to supply no less than [***] in January 2021 (Month M), [***] in February 2021 (Month M+1). Thereafter Buyer’s subsequent Forecasts shall not include any Product volumes less than the foregoing volumes.