Orders; Forecasts Sample Clauses

Orders; Forecasts. Within sixty (60) days following the completion of the first Phase III Study relating to a particular Product, Alexion and XOMA shall agree upon (i) a firm order for the amount of such Product to be delivered during the calendar quarter immediately following the quarter in which such agreement is reached and (ii) a quarter-by-quarter demand forecast for the following three (3) quarters. No later than ninety (90) days prior to the beginning of each subsequent quarter, Alexion shall provide XOMA with Alexion `s firm order for the amount of Product to be delivered during such quarter and its revised quarter-by-quarter forecast for the amount of Product it will desire for delivery in each of the three (3) quarters immediately thereafter; provided, that (i) if the total of Alexion's firm orders for delivery in any quarter is less than [*] of its most recent quarterly estimate for such quarter, Alexion shall be required to purchase at least [*] of the estimate for such quarter, (ii) if the total of Alexion's firm order for delivery in any quarter exceeds [*] of its most recent quarterly estimate for such quarter, XOMA shall use commercially reasonable efforts, but shall have no obligation, to deliver quantities in excess of [*] of the estimate for such quarter, and (iii) in any such revised forecast, the estimate therein for the first and second quarters immediately following the quarter for which a firm order is then provided shall not vary by more than [*], respectively, from the most recent estimate for such quarter; provided, further, that in no event shall XOMA be required to deliver in excess of [*] of the quarterly manufacturing capacity of [*] in any quarter. XOMA shall ship Product in unlabeled vials to a facility or facilities designated by Alexion within each such quarter after the receipt of such purchase order from Alexion. Title to the Product shall pass to Alexion upon receipt by Alexion at such facility. XOMA shall use commercially reasonable efforts to build inventory in anticipation of purchase orders, consistent with Alexion's forecast.
Orders; Forecasts. [***] * A plus/minus tolerance of five percent (5%) is acceptable only on the Minimum Quantities, in any one (1) year. In the first week of the month next following the date of this Agreement, SGSF will supply Southwall with an expected take-down schedule of Film type and volumes for each film type by month for the full year 2002, (to be attached as Exhibit 1) which shall not, without written agreement of the parties, be less than the amounts shown above. By November 1, 2002 SGSF will supply a similar takedown schedule for 2003 and will exercise or cancel its option for an additional fixed 500,000 m2 for 2003. Southwall shall then be committed to supply and sell such volume and type of Film when so ordered by SGSF as part of its two (2) year purchase order. SGSF acknowledges the commercial necessity to advise Southwall of the initial takedown schedule and significant forecast demand increases or decreases, and/or significant changes in the product mix at the earliest opportunity and in no event less than three (3) months prior to the required delivery date, and confirms that it will spread out take-down volumes as evenly as possible over each year to avoid capacity problems for Southwall. In turn, Southwall needs to confirm any changes of the initial takedown schedule and acknowledges the commercial necessity for SGSF to receive even volumes and confirms it will ship takedown volumes over each month to avoid production problems for SGSF. Southwall agrees to establish a "2-week demand" safety stock of Film, as defined and agreed-upon between the Parties, to reduce the risk of supply interruption to SGSF. Southwall will maintain this safety stock with current material of acceptable quality at this minimum level throughout the term of this Agreement. This material will be held at Southwall's plants in Grossrohrsdorf, Germany and Palo Alto, California and Tempe, Arizona in the form of sputtered polyester Film (i.e. non-encapsulated). The amount of Film in each of these sites will be determined based on the quarterly scheduled demand from SGSF and will be apportioned based on the type of Film and the scheduled location of manufacture by Southwall operations. Additionally, Southwall agrees to pay for any extraordinary shipping costs that may be incurred by having to supply Film to SGSF from this stock due to late delivery. This safety stock will be maintained with Film that is no older than 3 months by ensuring that there is a quarterly turnover of this material...
Orders; Forecasts. Volume of Film (square meters) FILM ORDERS - XIR® 70 & 75 Film (m2) 2004 / 2005 Total Committed Quantity xxxxxx* xxxxxx* Committed + 5% Tolerance xxxxxx xxxxxx Option 1 in 2005 xxxxxx** xxxxxx** Option 2 in 2005 xxxxxx** xxxxxx** Option 3 in 2005 xxxxxx** xxxxxx** *A plus/minus tolerance of five percent (5%) is acceptable only on the Committed Quantity. **Options can only be exercised if + 5% tolerance has been requested. By the 25th day of each month, SGSF will supply Southwall with a takedown schedule for the following three months, confirming for each Film Type the volumes and widths. For the first month of the three months, the volumes and widths are binding for each of the Film Types. For the subsequent two months covered by each such takedown schedule, only the monthly total for all Film Types together will be binding. Volumes and widths for each Film Type can be changed for the period beyond the first month covered by each such takedown schedule upon at least 5 weeks prior written notice for XIR-75 and 7 weeks prior written notice for XIR-70. SGSF commits to purchase a total of xxxxx square meters in Q1/2004. For the rest of 2004 (except the month of August) a minimum volume of xxxxx square meters is committed per month. In 2005 SGSF commits a minimum volume of xxxxx square meters for each month (except the month of August). Notwithstanding the foregoing minimums SGSF is obligated to purchase xxxx square meters during the term of this Agreement. Southwall commits to supply up to 130,000xxxx square meters per month in 2004 and up to xxxx square meters per month in 2005. By December 31, 2004, Southwall will review the monthly commitment and will indicate to SGSF whether that the commitment for 2005 can be increased beyond xxxx square meters per month during 2005. By December 31, 2004, SGSF will exercise one of the three options above or all three options for 2005 shall automatically be cancelled. Southwall shall then be committed to supply and sell such volume and type of Film when so ordered by SGSF as part of its two (2) year purchase order. SGSF acknowledges the commercial necessity to advise Southwall of the initial takedown schedule and significant forecast demand increases or decreases, and/or significant changes in the product mix at the earliest opportunity and confirm that it will spread out takedown volumes as evenly as possible over each year to avoid capacity problems for Southwall. In turn, Southwall needs to confirm any changes of the in...
Orders; Forecasts. At least ninety (90) days prior to the start of each calendar quarter, ALLERGAN shall provide XOMA(US) with a purchase order for the total amount of the Compound to be ordered for shipment during each month of such quarter and an estimate of its Compound requirements for each of the next three (3) quarters (each such estimate updating previous estimates and adding an estimate for the next succeeding quarter). Each quarterly purchase order will be within [*] of the preceding quarter's estimate for such quarter. XOMA(US) shall ship Compound to a facility or facilities designated by ALLERGAN within each such month of such quarter after the receipt of such purchase order from ALLERGAN. Title to the Compound shall pass to ALLERGAN upon receipt by ALLERGAN at such facility.
Orders; Forecasts. 4 2.8 Warranties..........................................................4 2.9
Orders; Forecasts. During the term of this Agreement, Client shall, on a monthly basis, submit to Patheon a twelve (12) month rolling forecast that sets forth the total quantity of product that the Client has ordered and expects to order from Patheon within the twelve (12) month period. [***] - CONFIDENTIAL TREATMENT REQUESTED The first three (3) months of such forecast are to be considered firm orders (the "Firm Orders"). Firm Orders will be accompanied by a purchase order. Each forecast will be provided to Patheon no later than the fifteenth (15th) of each month.
Orders; Forecasts. During the term of this Agreement, Client shall, on a monthly basis, submit to Patheon a 12 month rolling forecast that sets forth the total quantity of Product that the Client has ordered and expects to order from Patheon within the 12 month period. The first two months of such forecast are to be considered firm orders (the “Firm Orders”). Firm Orders in respect of batches of Product of not more than 24 per month will be accompanied by a purchase order for the Product to be produced and delivered to the Client on a date not less than 75 days from the date Patheon receives the purchase order. Each forecast and purchase order will be provided to Patheon no later than the 15th of each month. The parties shall mutually agree on an acceptable delivery schedule in the event the forecasted requirements exceed 24 batches. In addition, in January and June of each year, the Client shall provide Patheon with 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 the Client then anticipates will be required to be produced and delivered to the Client during such three-year period.
Orders; Forecasts. 4.1. Finisar may submit purchase orders (“Orders”) for the sale and purchase of Supplies. Each Order will specify the types and quantities of requested Supplies, and the delivery dates and destination points. The terms and conditions of this Agreement will be incorporated into each Order. In the event of any conflicts, differences or inconsistencies between the terms and conditions of this Agreement and those of any Order, quotation, acknowledgment or any other related document, the terms and conditions of this Agreement will govern. 4.2. Finisar will provide Fabrinet weekly with a rolling Master Schedule (“Master Schedule”). The Master Schedule will contain non-binding forecast projections of the types and quantities of Supplies Finisar expects to purchase during the ensuing twenty-six week rolling period, broken down by weeks Finisar will issue Orders, at a minimum, for all Supplies that are projected on the Master Schedule to be purchased by Finisar within [***] weeks from the date of that Master Schedule. Finisar may extend the delivery date of any Order, in whole or in part, (and the corresponding invoice) anytime before the Supplies are shipped. 4.3. Fabrinet will accept all Orders that call for quantities of Supplies that do not exceed the Master Schedule projections or the manufacturing commitments as listed in Exhibit A.
Orders; Forecasts