Common use of Initial Forecast Clause in Contracts

Initial Forecast. Not more than [*] prior to the first anticipated delivery date of Licensed Product, Chiron shall submit to Cubist the first written forecast ("INITIAL FORECAST") of the quantities of Filled Products it expects to purchase from Cubist during the succeeding [*]. Subject to Section 4.6, (a) the first [*] of the Initial Forecast shall not be binding upon Cubist, (b) the [*] of the Initial Forecast shall be binding upon Chiron and Cubist, (c) the [*] shall be binding to the extent that Chiron shall be obligated to purchase and Cubist shall be obligated to supply not less than [*] of the forecasted quantities of Filled Products, but Chiron may, at its option, purchase, and Cubist shall be obligated to supply, up to [*] of the quantities forecasted for those [*] (the latter quantities being referred to hereinafter as the "INITIAL FORECAST MAXIMUM QUANTITIES") and (d) the [*] of the Initial Forecast shall be non-binding.