Monthly Forecasts. During the Term, Toyama shall provide to Cempra a projection for the next succeeding [*] calendar months of the anticipated volumes of Supplied Compound constituting Commercial Use API, or any Supplied Compound for use in the Territory other than Development Use API, to be ordered by [*] Confidential treatment requested; certain information omitted and filed separately with the SEC. Toyama pursuant to, in each case, Section 2.4(d) below (each, a “Non-binding Forecast”). Toyama shall provide Cempra with written notice of such rolling projections on the first day of each month during the Term of this Agreement. Cempra shall notify Toyama in writing within ten (10) Business Days of receipt of any Non-binding Forecast if the quantities of Supplied Compound indicated therein by Toyama exceed Cempra’s (or its contractors’) production capacity.
Appears in 2 contracts