Forecasts Purchase Orders. [***], Pfizer shall deliver to Protalix Pfizer’s quarterly projection of the quantities of Drug Substance that Pfizer anticipates ordering from Protalix pursuant to this Agreement for the four (4) calendar quarters commencing with the first quarter that includes the first requested delivery date (the “Initial Forecast”), together with a firm purchase order (a “Purchase Order”) for Drug Substance for the first calendar quarter covered by such Initial Forecast. The quantities of Drug Substance specified for the following quarter of such Initial Forecast shall be binding as provided in this Section 5.6 and the remaining two (2) quarters of such Initial Forecast shall be non-binding. Thereafter, ninety (90) days prior to the first business day of each subsequent calendar quarter during the Term, Pfizer shall deliver to Protalix a rolling four (4) calendar quarter forecast updating the prior forecast (together with the Initial Forecast, each a “Forecast”), together with a Purchase Order for the first calendar quarter of such Forecast. The quantities of Drug Substance specified for the following quarter of such Forecast shall be binding as provided in this Section 5.6 and the remaining two (2) quarters of such Forecast shall be non-binding. Unless agreed separately between the parties, each Purchase Order shall specify no more than three (3) delivery dates for the Drug Substance in each calendar quarter. Purchase Orders shall be in writing, and no verbal communications or e-mail shall be construed to mean a commitment to purchase or sell. Each Purchase Order delivered by Pfizer to Protalix pursuant to this Section 5.6(a) shall be binding on Protalix to the extent provided by Section 5.6(c). Protalix shall confirm receipt of any [***].
Forecasts Purchase Orders. No later than the end of the third quarter of each calendar year, Cerus will provide Purolite with written, non-binding rolling [ * ] month [ * ] forecasts of its requirements of Raw Materials for the following [ * ] (each a “Forecast”), including requested delivery dates. On or before the end of each calendar quarter during the term of this Agreement, Cerus will provide a binding [ * ] order for the immediately following calendar quarter, with estimated delivery dates set forth therein (“Purchase Order(s)”) and a non-binding [ * ] forecast, with estimated monthly delivery dates set forth therein. Within ten (10) business days after receipt of the Purchase Order, Purolite shall provide confirmation of its ability to meet the monthly requirements in a Purchase Order, including the requested delivery dates set forth therein. All sales of Raw Materials shall be subject to the terms and conditions of this Agreement and, to the extent they specify quantities, destinations and delivery dates, to Cerus’ Purchase Orders, as the case may be.
Forecasts Purchase Orders. From time to time, Buyer may, but shall not be required to, provide Seller with Forecasts. Forecasts are for informational purposes only and do not create any binding obligations on behalf of either Party; provided, however, that Seller shall not be required to manufacture and sell to Buyer any quantity of Products that is unreasonably disproportionate to any Forecast for the period covered by such Forecast. At least forty-five (45) days prior to each Delivery Date, Buyer shall issue to Seller Purchase Orders (containing applicable Basic Purchase Order Terms that are consistent with the terms of this Agreement), in written form via [***] and [***]. By issuing a Purchase Order to Seller, Buyer makes an offer to purchase Products pursuant to the terms and conditions of this Agreement and the Basic Purchase Order Terms contained in such Purchase Order, and on no other terms. For the avoidance of doubt, any variations made to the terms and conditions of this Agreement by Buyer in any Purchase Order, or by Seller in any subsequent documentation or communications, are void and have no effect unless in a writing executed by both Parties. Seller shall accept or reject a Purchase Order within three (3) business days of the receipt thereof. If Seller accepts the Purchase Order timely, Buyer shall be obligated to purchase from Seller quantities of Products specified in a Purchase Order. Without the prior written consent of Seller, Buyer shall not be permitted to (a) order any Product in an amount greater than zero but less than the minimum order amount for such Product set forth in Schedule 1 or (b) order more than the maximum amount of any Product set forth in Schedule 1. For the avoidance of doubt, Bxxxx is permitted to not order Product from time to time in its sole discretion.
Forecasts Purchase Orders. 8.1 During the first week of each month, DISTRIBUTOR shall forward to WTI a three (3) month rolling forecast of Product purchases designating the quantities of each model of the Products which DISTRIBUTOR intends to sell in this period. In addition, DISTRIBUTOR will provide WTI with a quarterly forecast for the period of six (6) months for each of the Products.
Forecasts Purchase Orders. 7.1 During the first week of each quarter, DISTRIBUTOR shall forward to Wilshire a three (3) month forecast of Product purchases designating the quantities of each model of the Products which DISTRIBUTOR intends to sell in this period. In
Forecasts Purchase Orders. (a) At least [***] prior to the anticipated Launch Date, or as soon as practicable after Cobalt provides notice to King of the anticipated Launch Date, Cobalt will deliver to King a [***] forecast for its purchases of Generic Product beginning on the date of such forecast (the "Initial Forecast"), which will include an initial launch quantity agreed upon by the Parties (the "Launch Quantity"). The first [***] included in such Initial Forecast will constitute a binding order for Generic Product from King. Thereafter, Cobalt will provide King with rolling [***] forecasts for the Generic Product on a quarterly basis within [***] prior to the start of each Calendar Quarter covering Cobalt's expected purchases of Generic Product during the [***] commencing at the beginning of such upcoming Calendar Quarter. The forecast for the first [***] included in each rolling forecast (except for the Initial Forecast) will constitute a binding order from Cobalt for [***] the Generic Product included in such forecast, and the forecast for the subsequent [***] included in each rolling forecast (except for the Initial Forecast) will constitute a binding order from Cobalt for [***] the Generic Product included in such forecast.
Forecasts Purchase Orders. Two Year Forecast Akeena and other Authorized Purchasers will purchase a minimum of [***] (in aggregate) per calendar year of the Enphase Products (which may be a combination of Versions 1 and 2, as defined in Attachment 2) over a two (2) consecutive calendar year period beginning in January of 2009. Akeena shall have the option to increase this minimum purchase commitment amount by up to [***] in its sole discretion (for a maximum annual minimum purchase commitment of [***]) based on its [***], the Parties’[***], and any U.L. listing time constraints.
Forecasts Purchase Orders. DELIVERY 4.1
Forecasts Purchase Orders. (a) In connection with the delivery of the first Purchase Order (which as noted in Section 2.2 must be at least six months prior to the requested delivery date for the Product set forth in the Purchase Order), Verona shall submit to Ritedose a written non-binding forecast of the quantity of the Product (allocated by Product SKU and by month) that Verona anticipates ordering from Ritedose for the first eighteen-month period following the issuance of the first Purchase Order under this Agreement (the “Rolling Forecast”), which Rolling Forecast shall be updated in writing by Verona and delivered to Ritedose on or before the fifth day of each calendar month beginning with the month following the month in which the first Purchase Order was delivered to Ritedose and continuing each month thereafter during the Term. Verona will use best efforts to evenly distribute its Product requirements over the months included in each Rolling Forecast. At the time of submission of the initial rolling Forecast, Verona shall deliver to Ritedose firm written purchase orders (“Purchase Order(s)”) for the quantity of the Product reflected for each of the first six-month periods in the Rolling Forecast, with each Purchase Order indicating the requested delivery dates for such orders. Ritedose shall accept each Purchase Order within ten business days after receipt. If Ritedose fails to acknowledge a Purchase Order within ten business days after receipt, Ritedose shall be deemed to have accepted such Purchase Order. At the time of submission of the second Rolling Forecast, which shall be submitted on the fifth day of the month following the month in which the first Purchase Order was delivered to Ritedose, and at the time of submission of each monthly updated Rolling Forecast thereafter, Verona shall deliver to Ritedose at the time of submission of the updated Rolling Forecast binding Purchase Orders for the quantity of the Product reflected in the sixth month of such Rolling Forecast (indicating the quantity of each Product SKU and delivery dates for such orders), if any, so that at the beginning of each such month Ritedose has from Verona binding Purchase Orders for the Product for six months into the future. The first six months of each Rolling Forecast shall be binding on the Parties to the extent of Purchase Orders received and accepted by Ritedose in accordance with the terms of this Agreement. The quantities of Product set forth for the ninth month of a Rolling Forecast (in ea...
Forecasts Purchase Orders. (a) Within [***] after the Effective Date, Advancis shall provide to CEPH its initial twelve (12) month forecast for Advancis’ purchases of Products (the “Initial Forecast”). The Initial Forecast shall cover the twelve (12) month period commencing with the next calendar month following the month in which Advancis delivers the Initial Forecast to CEPH. The Initial Forecast shall be in good faith and nonbinding. For commercial launch supplies of Products, Advancis shall provide its initial firm order no later than [***] prior to the designated delivery date.
