Quantity; Forecasts Clause Samples

Quantity; Forecasts. 3.2.1 With respect to the purchase of the ATS Nutrient Solution under this Section 3, Buyer shall deliver to ATS: (i) a rolling twelve (12) month forecast of Buyer's quantity requirements for ATS Nutrient Solution on the first day of each calendar quarter, with the first calendar quarter commencing on July 1, 2002; and (ii) at least at the beginning of one (1) full calendar quarter prior to the calendar quarter in which the First Commercial Sale is projected to occur, Buyer's firm purchase order and Delivery Dates for ATS Nutrient Solution for such calendar quarter, which shall be subject to acceptance by ATS, which acceptance shall not be unreasonably withheld. Thereafter, Buyer shall deliver to ATS at the beginning of each calendar quarter, Buyer's firm purchase order and Delivery Date for ATS Nutrient Solution for the next calendar quarter following such calendar quarter, which shall be subject to acceptance by ATS, which acceptance shall not be unreasonably withheld. If a required forecast or purchase order for a quarter is not timely submitted for the ATS Nutrient Solution, the immediately preceding forecast for that quarter shall become the new forecast or purchase order; if there is no preceding forecast for a quarter, the forecast or purchase order for the immediately preceding quarter shall become the forecast or purchase order. 3.2.2 For each forecast of ATS Nutrient Solution following the first such forecast delivered by Buyer, the amount of any ATS Nutrient Solution forecasted for delivery in the first quarter of the four (4) calendar quarters forecasted shall not be less then seventy percent (70%) nor more than one hundred thirty percent (130%) of the most recent previous forecast for such quarter. In addition, no firm purchase order for a particular quarter shall cover an amount of ATS Nutrient Solution greater than one hundred twenty-five percent (125%) or less than seventy-five percent (75%) of the amount of ATS Nutrient Solution ordered for the previous quarter. 3.2.3 The total amount of ATS Nutrient Solution ordered by Buyer for delivery in any calendar quarter for which a purchase order is required may not be less than seventy-five percent (75%) of Buyer's most recent forecast of its requirements for ATS Nutrient Solution for such quarter. In addition, ATS will not be obligated to supply more than one hundred twenty-five percent (125%) of Buyer's most recent forecast of its requirements for ATS Nutrient Solution for such quarter. If Buye...

Quantity; Forecasts. Commencing on the Effective Date, ATML shall provide Symbios with non-binding four (4) month rolling delivery forecast on the twentieth (20th) day of each month. Notwithstanding any forecast provided by ATML, ATML shall have the right to order an unlimited quantity of Helium ASICs in accordance with this Article 4.

Quantity; Forecasts. DAS shall deliver to Eon on a quarterly basis during the Term a non-binding forecast of DAS quantity requirements for Product for the following twelve (12) month period. Eon understands and agrees that DAS forecasts are nonbinding until Purchase Orders are placed and that forecasts for orders may be adjusted or cancelled by DAS in its sole discretion.

Quantity; Forecasts. (a) Buyer shall deliver to Seller once every calendar quarter a 12-month forecast of Buyer’s projected Requirements of Seller Solution (“Forecast”). The first Forecast shall be provided to Seller no less than one (1) full calendar quarters prior to the time when the First Commercial Sale of Buyer Products is projected to occur. No Forecast shall be binding or treated as a firm order. Buyer shall deliver to Seller at least thirty (30) days prior to First Commercial Sale of Buyer Products or at least thirty (30) days after Execution Date written below of this Agreement, which ever is first a firm order for the initial calendar quarter commencing on the First Commercial Sale date. No Forecasts or orders need be given for any period after the term of this Agreement. (b) Buyer's forecasts and orders shall reflect its good-faith expectations of customer demand, and Buyer shall act in a commercially reasonable manner to schedule orders to avoid creating production capacity problems for Seller.

Quantity; Forecasts. A. Buyer and Seller will mutually agree within thirty (30) days of signing this Agreement, an initial order volume and the first delivery date. Buyer at this time will provide a reasonable best estimate of the next three quarter's forecast for the Product. B. Commencing on the second year of this Agreement, Buyer will provide Seller a forecast of Buyer's quantity requirements for such Product for at least the next four (4) full calendar quarters. Thereafter, Buyer shall deliver to Seller at or prior to the end of each calendar quarter, Buyer's firm order for such Product for the second calendar quarter following such calendar quarter and a forecast of its quantity requirements for such Product for the three (3) following calendar quarters. C. Commencing in the second year of this Agreement, the amount of any Product forecasted for delivery in the first of the three calendar quarters forecasted of year two of this Agreement shall be *** *** of the most recent previous forecast for such a quarter. D. After the first year of this Agreement the total amount of each Product ordered by Buyer for delivery in any calendar quarter for which an order is required may *** ** of Buyer's most recent forecast of its requirements for such Product for such quarter. In addition, Seller's supply obligation will not extend *** *** of Buyer's most recent forecast of its requirements for such *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.

Quantity; Forecasts. While the Council may give the Supplier estimates of the Council’s future requirements of the Goods or Services, these estimates may prove to be inaccurate and the Supplier confirms that it will not rely on them in any circumstances. The Council does not warrant the accuracy and sufficiency of this information and the Council shall be under no obligation to purchase any or a particular quantity from the Supplier.

Quantity; Forecasts. 3.1 The University may provide the Supplier with a forecast of its indicative requirements for Products or Services. Any forecast provided by the University under this clause is a good faith estimate only and will not be binding on the University. The University will endeavour to advise the Supplier of substantial changes from forecasted requirements.

Quantity; Forecasts. (a) MAKO shall have the right to purchase from ENCORE an unlimited number of complete Systems and, for so long as MAKO has not chosen another manufacturer for any of the components of the System, individual System components and Products from ENCORE, all of which shall be purchased pursuant to the Product Pricing, but in no event shall ENCORE be required to supply more than the amount of Products provided in any quarterly forecast covering the time period of any written purchase commitment. (b) All Products delivered to MAKO will be F.O.B. MAKO’s destination. ENCORE will use its reasonable best efforts to deliver Product within five (5) days of the applicable date for which delivery of Product is properly requested in a purchase order, and assist MAKO in arranging any desired insurance (in amounts that MAKO shall determine) and transportation, via air freight unless otherwise specified in writing, to any destinations specified in writing from time to time by MAKO. All customs, duties, costs, taxes, insurance premiums, and other expenses relating to such transportation and delivery will be at MAKO’s expense. (c) ENCORE will include with each shipment copies of all applicable inspection records.

Quantity; Forecasts. (a) Two (2) months prior to commencement of production Buyer will provide to Seller (i) a firm purchase order and Delivery Dates for Products covering the immediately following two (2) month period and (ii) a good faith forecast of its (i) the third month of the six month forecast's commitment may be increased or decreased by up to an aggregate of twenty five percent (25%) of the forecast for that month, (ii) the fourth month of the six month forecast's commitment may be increased or decreased by up to an aggregate of fifty percent (50%) of the forecast for that month and (iii) the fifth and sixth months of each six month forecast's commitment may be increased or decreased by up to an aggregate of one hundred percent (100%) of the forecast for each month. If a required forecast or order for a month is not timely submitted for Products, then the sixth month of the immediately preceding forecast shall become the new forecast or order for the last month of the late forecast.