Product Forecasts. To assist Salton in production scheduling for the manufacture of the Products, Kmart shall provide to Salton, monthly, a six month rolling forecast of its requirements for Products. The first forecast shall be provided by Kmart to Salton within thirty (30) business days of the Execution Date of this Agreement (to forecast the requirements for the six months ended June 30, 1997 and for the next five succeeding calendar months) and thereafter shall be provided to Salton on or before the 20th day of each month (to forecast the requirements for the next six succeeding calendar months). It is understood and agreed that all forecasts are estimates only and Kmart shall only be bound to purchase the Products pursuant to Specific Purchase Orders issued by it to Salton, subject to the satisfaction of the Minimum Product Order commitment set forth in Section 5.1 hereof; and the Fee on any shortfall in the Minimum Product Order for any Category and Kmart's payment for conforming Products ordered and timely delivered through the date of Termination shall be Salton's sole and exclusive remedy hereunder.
Product Forecasts. On or before ninety (90) days after the Effective Date and during the first week of each calendar month thereafter, Tellabs shall provide Riverstone with a forecast of Tellabs' expected demand for each Product to be purchased and delivered during each month of the subsequent twelve (12) month period.
Product Forecasts. MYT agrees to provide nine (9) month rolling forecasts of its projected sales of Private Label Products to DT to enable DT to provide MYT with a similar nine (9) month forecast of its manufacturing needs. Orders for PLPs will be processed in accordance with the ordering process for other Products as described below.
Product Forecasts. 3.9.1 Rolling [†] Estimate. No later than [†], Omeros shall provide Hospira with a written estimate of Omeros’ [†] quantity of commercial Product that represents the Minimum Percentage of Omeros’ Product Requirements for the first [†] of the Term, such estimate to be used by Hospira solely for [†] planning purposes. Omeros shall not incur any liabilities if such estimate is not met. If Hospira notifies Omeros (and such notification shall be provided to Omeros in writing) that it will be unable to supply Product in accordance with Omeros’ estimate, Omeros shall have the right, in its sole discretion, [†]. Thereafter, by [†] Omeros shall update such rolling [†] estimate (“Rolling [†] Estimate”) for the period commencing on [†]. Upon receipt of each Rolling [†] Estimate, Hospira shall, within [†] days after such receipt, provide Omeros a written (a) acceptance of such estimate (and in such event, Hospira shall plan to allocate its capacity in a manner consistent with such Rolling [†] Estimate), or (b) rejection of such estimate. In the event Hospira rejects any updated Rolling [†] Estimate, Hospira and Omeros shall meet as soon as possible to discuss in good faith the quantities of Product that Hospira would have capacity to provide to Omeros during [†] covered by the Rolling [†] Estimate, and any amount agreed to shall be memorialized by the Parties in writing in a revised Rolling [†] Estimate. In such event and in Omeros’ discretion, Omeros shall have the right to [†]. † DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED SEPARATELY WITH THE COMMISSION
Product Forecasts. Non-binding detailed reports by product size with reasonable estimates of use over a period of no less than 12 calendar months spanning January through December. Forecasts are updated each quarter during the year with revised 12 month calendar forecasts occurring annually. Forecasts may also include planned purchases of equipment or supplies to support the UT Product, where applicable and requested by UT.
Product Forecasts. Avici shall provide Nortel with written 12-month forecasts by calendar quarter of all Purchase Orders in respect of Products Avici expects to place on Nortel, not later than [CONFIDENTIAL TREATMENT REQUESTED]/*/ months prior to the 12-month period covered thereby. Avici shall update such forecasts every [CONFIDENTIAL TREATMENT REQUESTED]/*/ months and report to Nortel any significant changes in the forecasts. Such forecasts shall not be binding purchase obligations upon Avici. Firm purchase and sale commitments shall be made through Purchase Orders issued by Avici and accepted by Nortel.
Product Forecasts. NetApp has provided to Dot Hill an initial volume forecast for each of the Products (see Exhibit D). NetApp also agrees to provide to Dot Hill [***] rolling forecast for each of the Products. This rolling forecast, which will be updated by NetApp on a [***] basis, will be a good faith estimate by NetApp of NetApp’s future needs for each of the Products over the immediately following [***], will be non-binding, and is to be used by Dot Hill for planning purposes only. NetApp shall issue Purchase Orders to Dot Hill for units of Products based on the then-current forecasted demand for such units that are included in the then-current NetApp forecast that Dot Hill has accepted and agreed to. In the event that Dot Hill acts as NetApp’s agent for the purpose of placing Purchase Orders for each of the Products, Dot Hill shall ensure that all Purchase Orders which are issued on behalf of NetApp are kept consistent with the then-forecasted demand. Purchase Commitments for each of the Products may arise only through the placement of Purchase Orders and Dot Hill’s acceptance thereof. The [***] for the supply by Dot Hill of Products to NetApp under this Agreement are described in Exhibit F to this Agreement. Notwithstanding anything to the contrary herein, NetApp will be liable to Dot Hill in accordance with the provisions of Sections 1.13 and 1.14 of Exhibit F to this Agreement for any [***] that is (i) [***] or (ii) [***].
Product Forecasts. Franklin shall work closely with Diffon to create and communicate Product forecasts and planning efforts (each, a "Product Forecast"). Diffon shall begin the procurement process for all orders as Franklin requests. All Product Forecasts shall be non-binding and for planning purposes only, unless otherwise agreed in writing by both Parties. From time to time Franklin may offer a firm Product Forecast for which the following rules apply, unless otherwise agreed upon in writing: (a) quantities stated for the first month of each Product Forecast must equal one hundred percent (100%) of the quantities forecast for the second month of the immediately preceding Product Forecast; (b) quantities stated for the second month of each Product Forecast must not be less than seventy percent (70%), or more than one hundred thirty percent (130%), of the quantities forecast for the third month of the immediately preceding Product Forecast; and (c) quantities stated for the next four (4) months of each Product Forecast shall be for planning purposes only and are non-binding.
Product Forecasts. (a) [***].
Product Forecasts. Bayer shall submit to Avigen on a calendar quarter basis on or before the first Business Day of each calendar quarter a rolling forecast for the next [...*...] setting forth the total quantity of Product that Bayer either has ordered or expects to order from Avigen ("Product Forecast"). The [...*...] of a Product Forecast shall not vary from the [...*...] of the prior Product Forecast by more than [...*...]. In the Product Forecast, Bayer shall include a breakdown of the total quantity of Products by calendar quarter, and, in respect of the quarterly [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
