Binding Forecasts definition
Examples of Binding Forecasts in a sentence
Upon completion of such review, and to the extent agreed to by the parties regarding the implementation of any additional capacity at FoundryCo Manufacturing Entities, FoundryCo shall allocate such additional capacity sufficient to produce the MPU Product volumes indicated in the relevant Binding Forecasts.
Notwithstanding the foregoing, no FoundryCo Sales Entity may reject an MPU Product purchase order submitted in accordance with Binding Forecasts and Lead Times, and will not unreasonably delay purchase order acknowledgments or unreasonably reject purchase orders submitted in accordance with applicable forecasts and Lead Times for all other Products.
If at any time while AMD may purchase the applicable MPU Products from [****], FoundryCo cannot deliver in a timely manner Qualified Products produced on Qualified Processes that meet the Specifications in accordance with Binding Forecasts, the Partnership Committee shall promptly address the situation, including conducting a prompt review process and implementing a corrective action plan.
All information provided by one Party to the other Party in connection with this Agreement (including, without limitation, the Adjuvant Specifications and Rolling and Binding Forecasts) is subject to the confidentiality and non-use obligations under Article 8 of the LCA, which are hereby incorporated into this Agreement by reference.
Except as otherwise permitted under this Agreement, with respect to any calendar year, the aggregate volumes set forth in the Purchase Orders issued by Bayer shall not exceed the Binding Forecasts for such calendar year.
Unless otherwise mutually agreed, Nipro shall be obligated to purchase each month *** the amount of FreeStyle Products forecasted for such month in its current Forecast ("Binding Forecasts").
SCI will maintain adequate inventories of raw materials in order to fulfill the volumes as set forth in the Binding Forecasts provided by LSI.
NOVARTIS will be entitled to order sufficient quantities of long lead time components, including raw materials, to meet ENDO’s Binding Forecasts.
Customer may terminate this Agreement without cause on not less than [****]; provided, however, that Customer pays Supplier in full for all Binding Forecasts placed prior to the effective date of termination.
For purposes of calculating the [****] Quarterly [****] Waiver Payments, any AMD [****] Wafer volumes that were included in AMD’s Binding Forecasts to FoundryCo and were accepted by FoundryCo in writing, but that AMD subsequently purchased from [****] solely because FoundryCo subsequently informed AMD in writing that FoundryCo would not make the necessary capacity available to AMD (“Decommitted Wafers”), will be treated as if they had been purchased from FoundryCo rather than from [****].