Forecasts Orders and Shipment Sample Clauses

Forecasts Orders and Shipment. As of the date hereof, it is the Parties' expectation that NeoMedia will purchase most of its and Jinche's Products requirements in the PRC from DuPont and its affiliates. NeoMedia shall send DuPont rolling forecasts of its Products requirements for eighteen (18) months and shall update those forecasts every calendar month, except for the current calendar month and the two (2) following one (1) month periods which shall remain unchanged and for which NeoMedia shall issue firm orders. The deviation between the ordered quantities of any Product grade for the third (3rd) calendar month after the current month and the forecasted quantities for such third (3rd) calendar month shall be comprised between one hundred and twenty-five percent (125%) and seventy-five percent (75%) of the forecasted quantities. The deviation between the ordered quantities of all Product grades for the third (3rd) calendar month after the current month and the forecasted quantities for such third (3rd) calendar month shall be comprised between one hundred and ten percent (110%) and ninety percent (90%) of the forecasted quantities. NeoMedia shall provide DuPont with its schedule for shipment of Product at least sixty (60) days in advance of the requested delivery date. DuPont and its affiliates will confirm the expected delivery date in writing. The Parties will endeavour to order and deliver the contracted quantities of the Product as evenly as possible over the months of the year and NeoMedia's estimates and DuPont and its affiliates' deliveries shall be drawn up to maintain this principle. DuPont or its affiliates shall within an appropriate period after receiving each firm order confirm its ability to supply the binding quantities. Acceptance by DuPont or its affiliates of the firm orders shall constitute a binding contract to supply and purchase. In the event DuPont or its affiliates face capacity limitations despite its production lines operating under normal conditions at full capacity, such that it is unable to satisfy the needs of NeoMedia hereunder as they result from firm agreements entered into prior to such production constraint, then, for so long as such insufficiency shall continue, DuPont and its affiliates shall apportion in a fair and equitable manner its actual available capacity pro rata as between its own customers and NeoMedia. Such pro rata apportionment shall take into account the recent historical supply of Product by DuPont and its affiliates to such customers...