Initial Forecast. Each Forecast under this Section 3.1 shall include the anticipated number of Panther Instruments and the requested delivery dates. Roka previously provided Gen-Probe with a written Forecast covering its requirements for Panther Instruments for each of the four (4) Calendar Quarters in 2011 (the “2011 Forecast”). The 2011 Forecast shall be binding on Roka. Gen-Probe responded to the 2011 Forecast in writing (which term expressly includes email correspondence) indicating whether and to what extent it will be able to commit to supply Roka with its requirements as indicated in the 2011 Forecast. Gen-Probe shall use Commercially Reasonable Efforts to meet the forecasted demand of Roka for Panther Instruments as to which Gen-Probe has undertaken an obligation to manufacture in accordance with the preceding sentence.
Appears in 3 contracts
Sources: Supply Agreement (Roka BioScience, Inc.), Supply Agreement (Roka BioScience, Inc.), Supply Agreement (Roka BioScience, Inc.)