Purchase Forecasts. At least one hundred twenty days (120) days prior to the first delivery to ViewRay of commercial Products, ViewRay will deliver to Tesla a six month (6) month rolling forecast (the “Forecast”). The Forecast will cover the 6 months commencing with and including the calendar month in which the first delivery of Products is to occur. After delivery of the initial Forecast, the Forecast will be updated on a [monthly] basis. During the period prior to the date when ViewRay Product demand (as measured by units of Product received by ViewRay) averages [***] or more Products per month over a [***] period the Forecast shall be non-binding until [***] prior to the forecast shipment date at which time the quantities become binding on ViewRay. Thereafter (the “Full Production Period”) the Forecast shall be non-binding until [***] prior to the forecast shipment date at which time the quantities become binding on ViewRay.
Purchase Forecasts. At least two (2) months prior to the first delivery to ViewRay of commercial Products, ViewRay will deliver to QED a twelve (12) month rolling forecast (the “Forecast”). The Forecast will cover the 12 months commencing with and including the calendar month in which the first delivery of commercial Products is to occur. After delivery of the initial Forecast, the Forecast will be updated on a monthly basis. The Forecast shall be non-binding until [***] prior to the forecast shipment date at which time the quantities become binding on ViewRay.
Purchase Forecasts. At least one calendar month prior to the first requested delivery of Products hereunder, Purchaser shall notify Manufacturer in writing of the projected total number of Products, broken down by each Product model or category, to be purchased by Purchaser during each month of the succeeding twelve (12) calendar month period ("Forecast"). The projections for the first six (6) months of such initial Forecast shall be firm and shall be accompanied by Orders for such first six (6) months with respect to the models covered thereby. Thereafter, Purchaser shall provide Manufacturer with a similar Forecast for any new Product models or categories; the first six (6) months of such Forecast for new Products shall be firm and shall be accompanied by Orders for such first six (6) months for such new Products. All such Forecasts shall be updated on a monthly basis by adding a twelfth month to replace the expired month (but not changing any other month in the Forecast), with updates to be delivered not less than one (1) calendar month in advance. The first three (3) months of each such updated Forecast (beginning with the fifth month of the first Forecast period for each Product) shall be firm and shall be accompanied by Orders for the Products in the additional month of the Firm Period. The estimates for the remaining nine (9) months shall be non-binding estimates for planning purposes only and Purchaser shall have no liability therefor. Purchaser shall establish reasonable Inventory levels to meet demand for the Products which shall be a minimum amount equal to one month of anticipated demand for the Territory as evidenced by the Forecast. To accommodate Manufacturer's production scheduling, the total Products ordered for any three (3)-month or six (6)-month Firm Period will be limited to a twenty percent (20%) maximum aggregate increase or twenty percent (20%) maximum decrease in Units relative to the projection for such Firm Period contained in the Forecast provided to Manufacturer for such Firm Period, unless otherwise agreed by the Parties in writing.
Purchase Forecasts. At least two (2) months prior to the first delivery to ViewRay of commercial Products, ViewRay will deliver to PEKO a twelve (12) month rolling forecast (the “Forecast”). The Forecast will cover the 12 months commencing with and including the calendar month in which the first delivery of commercial Products is to occur. After delivery of the initial Forecast, the Forecast will be updated on a monthly basis. The Forecast shall be non-binding until [***] prior to the forecast shipment date at which time the quantities become binding on ViewRay.
Purchase Forecasts. At least one hundred [***] prior to the first delivery to ViewRay of commercial Products, ViewRay will deliver to MSC a [***] rolling forecast (the “Forecast”). The Forecast will cover the [***] commencing with and including the calendar month in which the first delivery of Products is to occur. After delivery of the initial Forecast, the Forecast will be updated on a [***] basis. During the period prior to the date when ViewRay Product demand (as measured by units of Product received by ViewRay), averages [***] or more Products per month over a [***] period the Forecast shall be non-binding until [***] prior to the forecast shipment date at which time the quantities become binding on ViewRay. Thereafter (the “Full Production Period”), the Forecast shall be non-binding until [***] prior to the forecast shipment date at which time the quantities become binding on ViewRay.
Purchase Forecasts. At least [***] prior to the first delivery to ViewRay of commercial Products, ViewRay will deliver to PEKO a [***] rolling forecast (the “Forecast”). The Forecast will cover the [***] commencing with and including the calendar month in which the first delivery of commercial Products is to occur. After delivery of the initial Forecast, the Forecast will be updated on a [***] basis. The Forecast shall be non-binding until [***] prior to the forecast shipment date at which time the quantities become binding on ViewRay.
Purchase Forecasts. ViewRay will deliver to Jastec a non-binding twenty four (24) month rolling forecast (the “Forecast”). The Forecast will cover the 24 months commencing with and including the calendar month in which the first delivery of Products is to occur. After delivery of the initial Forecast, the Forecast will be updated on a quarterly basis.
Purchase Forecasts. During the term of this Agreement, Company shall provide to Manufacturer, on a quarterly basis, a non-binding rolling forecast of orders of each of the Products with respect to the next twelve (12) months (Supply Forecast). Notwithstanding the foregoing, the forecasts for […***…] of any 12 month period (Firm Order Period) covered by a Supply Forecast shall represent binding purchase obligations of ***Confidential Treatment Requested Company to purchase all the Products set forth in the Supply Forecast for such Firm Order Period; provided, that (a) the forecast for […***…] of the Supply Forecast covering the period immediately following receipt of a Product Approval for the United States for a particular Product shall be considered part of the Firm Order Period for such Product and) shall represent a binding purchase obligation of Company to purchase all such Product for such Firm Order Period and (b) the forecast for all “custom” Products shall represent a binding purchase obligation of Company to purchase such “custom” Product.
Purchase Forecasts. 20 7.5. Return of Expired Products.............................................. 20
Purchase Forecasts. During the term of this AGREEMENT, PARTNERS shall use reasonable efforts to update, on a quarterly basis, a continuous usage forecast to assist MOTOROLA in maintaining an orderly production flow for the purpose of meeting PARTNERS' delivery requirements.
