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.
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Sources: Supply Agreement (Sequenom Inc), Supply Agreement (Sequenom Inc)