Sales Forecasts. RCR and RDC shall cooperate and use their commercially reasonable efforts to prepare and mutually agree upon, on or before September 1 of each year (or, during the first year of the Term, within 30 days after the date hereof, for the calendar year immediately following, a 12-month forecast of RCR’s Sales of Facility Products (“Sales Forecast”) under a format to be mutually agreed upon by the parties. It is understood and agreed, however, that such forecasts shall be estimates only, and shall not constitute a commitment by RCR to purchase, nor RDC to produce, the amount of Facility Products identified in the Sales Forecast. RCR and RDC shall cooperate and use their commercially reasonable efforts to mutually agree upon updates to the Sales Forecast prior to each calendar quarter. The parties intend to cooperatively develop marketing and promotion plans to maximize sales of the Facility Products. RCR and RDC agree that they will in be in regular contact with one another such that RCR shall keep RDC reasonably well-apprised of the third-party market for Facility Products and RDC shall keep RCR reasonably well-apprised of its levels of production and inventory of Facility Products.
Appears in 3 contracts
Sources: Distribution Agreement (Rentech Nitrogen Partners, L.P.), Stock Purchase Agreement (Rentech Inc /Co/), Distribution Agreement (Rentech Inc /Co/)