Forecasts Orders and Deliveries Sample Clauses
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Forecasts Orders and Deliveries. 8.1 MProbes shall deliver to Immunicon, within one year after the Effective Date, MProbes' forecast for its requirements of Magnetic Separation Materials for Licensed MP Products for the remainder of 2001. Thereafter, at least sixty (60) days prior to the start of the next and each succeeding calendar quarter during the term of the Agreement, MProbes shall provide Immunicon with its non-binding best estimate of its requirements for Magnetic Separation Materials and IC Hardware for the next succeeding three (3) calendar quarters. Immunicon shall not ship the forecasted items to MProbes, however, until MProbes places an order.
8.2 It is the intent of the parties that MProbes and Immunicon shall cooperate with each other with respect to changes in their requirements and capacity so that each party may use reasonable commercial efforts to efficiently accommodate the needs of the other. Accordingly, in addition to the forecasts of quarterly requirements required by Section 8.1, MProbes shall discuss with Immunicon any dramatic changes in its requirements, and Immunicon shall use reasonable commercial efforts, consistent with its then current capacity, to accommodate such dramatic changes within the next two (2) calendar quarters. In no event shall this Agreement be deemed to be breached or subject to termination if MProbes' requirements hereunder should be reduced to zero from time to time, or if Immunicon shall fail to supply all of MProbes' requirements of Magnetic Separation Materials from time to time.
Forecasts Orders and Deliveries. For the avoidance of doubt, the parties acknowledge and agree that the entirety of Article 5 of the Supply Agreement shall apply to the manufacture and supply of Radium Instruments hereunder as if set forth in its entirety herein with such changes thereto as are necessary to make such Article applicable to the manufacture and supply of Radium Instruments; provided, however, that the reference therein to “Incoterms 2000” shall be null and void and replaced by “Incoterms in its latest revision”.
Forecasts Orders and Deliveries. 5.1 Forecast and Raw Materials. ORS shall provide BioLife with a 12-month rolling forecast of Product deliveries that will allow BioLife to order, receive and approve raw materials prior to the issuance of a Purchase Order. The initial 12 month rolling forecast accepted by BioLife is included in Appendix A to this Agreement. ORS will be financially responsible for any raw materials ordered by BioLife to produce up to six (6) months of Product deliveries from this 12 month rolling forecast. Upon written request by BioLife, the six (6) month limit set forth in the preceding sentence may be extended by ORS in writing on specific materials. ORS shall update and deliver to BioLife the 12-month rolling forecast by no later than the last day of each fiscal quarter. Should ORS fail to provide an updated 12 month forecast, the previous forecast shall remain effective. Increases to the rolling forecast of more than 500 liters in any 90 day period from the most recent forecasted quantity for such 90 day period must be approved in writing by BioLife. BioLife and ORS agree that Product shipments may commence as early as both parties agree, and in any case, before March 2012 if possible.
Forecasts Orders and Deliveries