Subsequent Forecasts. On the first business day of each calendar month after the initial Order and Forecast, the first Forecast month shall automatically become part of the Order, a new Forecast month shall be added, and a new firm Order issued, so that a rolling Order of ninety (90) days is always maintained.
Subsequent Forecasts. On the first business day of each calendar month or an alternately agreed to date within each month after the initial Order and Forecast, a new Forecast month shall be added, to maintain Forecast horizon at 12 months, and a new firm Order issued for an additional month to bring the Order horizon back to 90 days, so that a rolling Order of ninety (90) days is always maintained.
Subsequent Forecasts. Customer shall provide an updated forecast to IBM, on a monthly basis, in writing, and by no later than the fifth (5th) day of each month during the term of the Task Order. Each such forecast will cover at least a rolling twelve (12) month period (not to exceed the term of the Task Order), and will be reviewed for acceptance by IBM, acceptance not to be unreasonably withheld. IBM shall notify Transmeta of whether said forecast has been accepted or rejected, within ten (10) business days after receipt by IBM. IBM shall have the right to reject a forecast if Customer changes the quantity of Products forecasted for [*] of a previously accepted forecast, thereby holding Customer to the most recently accepted forecast. For example, assume Customer submits a forecast in February and said forecast designates [*] and IBM accepts that forecast. Further assume that Customer's next forecast designates only [*]. IBM has the right to reject that forecast and hold Customer to the accepted forecast. Customer shall submit a purchase order (placed in accordance with Section 3) with each updated forecast (if one has not already been submitted), by which Customer orders the quantity of Products forecast for the [*] of the forecast ([*] having already been committed under purchase order(s) pursuant to previous forecast(s)). IBM agrees that it shall provide capacity to Customer such that if ordered, IBM would satisfy Customer's forecasted requirements for the [*] of each forecast, subject to the following paragraph. In consideration for IBM agreeing to grant that capacity, Customer agrees that if it does not order against previously accepted forecasts, as discussed in Section 11 of the Task Order, then Customer shall be subject to cancellation charges as discussed in said section. IBM agrees to consider, but is not obligated to accept, purchase orders seeking upside (meaning, for a quantity of units in excess of [*] of the forecast) and forecasts greater than that of a previously accepted forecast. IBM will accept purchase orders for units forecasted to be delivered in [*] of any accepted forecast, provided the orders are placed in accordance with Section 3 and the quantities requested are within [*] of the most recently accepted forecast for said months. Customer is not obligated to submit said orders until the aforesaid [*] roll into the [*] of a forecast. For example, assume Customer submits a forecast and said forecast designates [*]. Once that month rolls into the [*] of ...
Subsequent Forecasts. Within five (5) days prior to the start of each calendar month, XXXX shall provide IMPAX with an updated written rolling forecast of DAVA’s expected requirements, in full manufacturing lot quantities, for the Products during the following fifteen (15) calendar months (“Rolling Forecasts” and, together with the Initial Forecast, the “Forecasts”). The first two (2) calendar months of such forecast shall be a restatement of the remaining firm order period of the prior forecast. The third calendar month shall be within plus or minus twenty five percent (+/- 25%) of the amount stated for such then non-binding calendar month in the immediately preceding forecast, rounded up to the next incremental full standard lot size (i.e., XXXX shall be obligated to order and purchase at least seventy-five percent (75%) of the amount, rounded up to full lot size, set forth in the forecast for such calendar month in the prior forecast). The forecast for the first three (3) months shall be deemed a Firm Order. The amounts set forth for each of the following twelve (12) calendar months shall constitute a non-binding, good faith estimate of the Product requirements of XXXX for such period. IMPAX shall deliver Product to DAVA’s Receiving Facility pursuant to each Firm Order no more than five (5) days after DAVA’s requested delivery date, provided that such Firm Order (other than the Initial Firm Order and the subsequent two (2) Firm Orders is delivered to IMPAX at least three (3) months prior to DAVA’s requested delivery date. The terms and conditions of this Agreement shall be controlling over any conflicting terms and conditions stated in DAVA’s purchase order or IMPAX’s invoice or confirmation. Any other document which shall conflict with or be in addition to the terms and conditions of this Agreement is hereby rejected (unless the Parties shall have mutually agreed to the contrary in writing in respect of a particular instance).
Subsequent Forecasts. On the first business day of each calendar month after the initial Order and Forecast, the first Forecast month shall automatically become part of the Order, a new Forecast month shall be added, and a new firm Order issued, so that a rolling Order of ninety (90) days is always maintained. CUSTOMER shall have the right to revise, modify, cancel or otherwise alter the initial Forecast and any subsequent Forecasts provided to SANMINA at any time prior to such Forecast automatically becoming part of the Order in accordance with this Section 4.2(b). CUSTOMER accepts that Long Lead Components and class C components ordered in support of such Forecast shall be subject to the Excess & Obsolete terms in Section 4.2.e.
Subsequent Forecasts. Each month, Hyperfine shall provide additional Order(s) and a Forecast update sufficient to maintain the firm Order and Forecast horizons. If Hyperfine does not timely provide such additional Order(s) and a Forecast update, then the first Forecast month of the then-current Forecast shall become binding, and a new Forecast month shall be added, so that a rolling firm Order plus binding Forecast of [***] ([***]) days is always maintained.
Subsequent Forecasts. Each month, Butterfly shall provide additional Order(s) and a Forecast update sufficient to maintain the firm Order and Forecast horizons. If Butterfly does not timely provide such additional Order(s) and a Forecast update, then the first Forecast month of the then-current Forecast shall become binding, and a new Forecast month shall be added, so that a rolling firm Order plus binding Forecast of [***] ([***]) days is always maintained.
Subsequent Forecasts. On the [**] after the initial Order and Forecast, unless a new Order is placed the first Forecast month shall automatically become part of the Order, a [**], so that a rolling Order of [**] days is always maintained.
Subsequent Forecasts. ALAVEN shall submit to ANI by the first day of each successive Contract Quarter a 12-month rolling forecast, by Contract Quarter, of its requirements for the Products, the first quarter of which shall constitute a firm commitment of ALAVEN.
Subsequent Forecasts. The parties agree, that in no -------------------- event may [*] any Forecast: (i) in the first year of the Initial Term (as defined in Section 14.1 below), be greater than [*] (ii) in any subsequent year, [*]
