Common use of Orders and Forecasts Clause in Contracts

Orders and Forecasts. Sepracor shall provide Patheon with the following: (a) concurrent with the execution of this Agreement, a written non-binding twelve (12) month forecast of the volume of each Product that Sepracor then anticipates will be required to be produced and delivered to Sepracor during that twelve (12) month period. Such forecast will be updated by Sepracor monthly on a rolling twelve (12) month basis and updated forthwith upon Sepracor determining that the volumes contemplated in the most recent of such forecasts has changed by more than [**] per cent. (b) on or before the 20th day of each month, firm written orders (“Firm Orders”) for the Products to be produced and delivered to Sepracor on a date not less than 12 weeks from the date that the Firm Order is submitted. Such Firm Orders submitted to Patheon shall specify Sepracor’s purchase order number, quantities by Product type, monthly delivery schedule and any other elements necessary to ensure the timely production and delivery of the Products. The quantities of Products ordered in such written orders shall be firm and binding on Sepracor and shall not be subject to reduction. (c) on or before September 1 in each Year, a written non-binding three-year forecast (broken down by quarters for the second and third years of the forecast) of the volume of each Product Sepracor then anticipates will be required to be produced and delivered to Sepracor during the three-year period.

Orders and Forecasts. Sepracor shall provide Patheon with the following: (a) concurrent with the execution of this Agreement, a written non-binding twelve (12) month forecast of the volume of each Product that Sepracor then anticipates will be required to be produced and delivered to Sepracor during that twelve (12) month period. Such forecast will be updated by Sepracor monthly on a rolling twelve (12) month basis and updated forthwith upon Sepracor determining that the volumes contemplated in the most recent of such forecasts has changed by more than [**] per centcent ([**]%). (b) on or before the 20th day of each month, firm written orders (“"Firm Orders”") for the Products to be produced and delivered to Sepracor on a date not less than 12 weeks from the date that the Firm Order is submitted. Such Firm Orders submitted to the Patheon Administrator shall specify Sepracor’s 's purchase order number, quantities by Product type, monthly delivery schedule and any other elements necessary to ensure the timely production and delivery of the Products. The quantities of Products ordered in such written orders shall be firm and binding on Sepracor and Patheon and shall not be subject to reductionreduction except as provided in section 5.3 below. Within [**] business days, Patheon will provide formal confirmation of each Firm Order, acknowledging price, quantity and delivery date. (c) on or before September 1 in each Year, a written non-binding three-year forecast (broken down by quarters for the second and third years of the forecast) of the volume of each Product Sepracor then anticipates will be required to be produced and delivered to Sepracor during the three-year period.

Orders and Forecasts. Sepracor Cephalon shall provide Patheon with the following: (a) concurrent with the execution of this Agreement, a written non-binding twelve (12) month forecast of the volume of each Product that Sepracor Cephalon then anticipates will be required to be produced and delivered to Sepracor Cephalon during that twelve (12) month period. Such forecast will be updated by Sepracor Cephalon monthly on a rolling twelve (12) month basis and updated forthwith upon Sepracor Cephalon determining that the volumes contemplated in the most recent of such forecasts has changed by more than [**] twenty per cent.; and (b) on or before the 20th day of each month, firm written orders (“"Firm Orders”") for the Products to be produced and delivered to Sepracor Cephalon on a date not less than 12 weeks from the date that the Firm Order is submitted. Such Firm Orders submitted to Patheon shall specify Sepracor’s Cephalon's purchase order number, quantities by Product type, monthly delivery schedule and any other elements necessary to ensure the timely production and delivery of the Products. The quantities of Products ordered in such written orders shall be firm and binding on Sepracor Cephalon and shall not be subject to reduction. (c) on or before September 1 30 in each Year, a written non-binding three-year forecast (broken down by quarters for the second and third years of the forecast) of the volume of each Product Sepracor Cephalon then anticipates will be required to be produced and delivered to Sepracor Cephalon during the three-year period.