Ordering and Forecast Sample Clauses

Ordering and Forecast. 8.3.1 At least six (6) months prior to the first distribution of the Product in a country of the Territory, and once per calendar quarter thereafter, by the last day of such calendar quarter at the latest, Schering will provide NexMed with: (a) an order for Product for each month of the three-month period commencing on the first day of the over-next calendar quarter ("Firm Order"), (b) a non-binding forecast ("First Forecast") for Product for each month of the three-month period immediately following the over next calendar quarter, (c) a non-binding month-by-month forecast of anticipated orders for the Product (a "Second Forecast"), for the three (3) month period following the period covered by the Firm Order plus the First Forecast. Schering will take into consideration the batch sizes and minimum order sizes as set forth in Exhibit 2. Each Firm Order will be binding on Schering and Schering shall be obligated to purchase those amounts set forth in each Firm Order. 8.3.2 The operation of the foregoing provisions is illustrated in the following example: Example: On March 31, 2005, at latest, Schering shall place its Firm Order for Product to be delivered in July, August and September 2005, and shall provide: a First Forecast on a monthly basis from October to December 2005 and a Second Forecast on a monthly basis from January 2006 up to March 2006. 8.3.3 Within two (2) weeks upon receipt of the First Forecast, NexMed will submit to Schering a written confirmation that it is able to supply Schering with its requirements according to the First Forecast. If no confirmation is given by NexMed within the two (2) weeks period, the Forecast shall be deemed to have been accepted. 8.3.4 NexMed is obliged to reserve manufacturing capacities and materials sufficient to fulfill the Firm Orders. NexMed is obliged to fulfil the Firm Orders. However, Schering's Firm Orders should not exceed by more than 30% or be less than 30% of the First Forecast of this quarter. In case of greater variations between Firm Order and Forecast, the Parties will meet and negotiate in good faith in order to find a suitable solution. 8.3.5 The Firm Orders shall specify the Arrival Dates for each month of the Firm Order. The Arrival Dates and quantities specified in Firm Orders will be confirmed by NexMed in writing within two (2) weeks of receipt. If no confirmation is given by NexMed within the two (2) weeks period, the Firm Orders shall be deemed to have been accepted. NexMed shall use the...