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 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.
Appears in 3 contracts
Sources: Exclusivity Agreement (Sientra, Inc.), Exclusivity Agreement (Sientra, Inc.), Exclusivity Agreement (Sientra, Inc.)