Common use of Quantity; Forecasts Clause in Contracts

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.

Appears in 2 contracts

Sources: Supply Agreement (BioDrain Medical, Inc.), Supply Agreement (BioDrain Medical, Inc.)