Common use of Annual Minimum Clause in Contracts

Annual Minimum. Beginning on [*], ISTA shall purchase from BLP a minimum annual amount of Product as set forth in Appendix B attached hereto (the "Annual Minimum"). If ISTA does not purchase such Annual Minimum during any calendar year thereafter, ISTA shall pay to BLP [*] of the difference between (i) the total amount ISTA would have paid to BLP if the Annual Minimum had been fulfilled and (ii) the total amount actually paid to BLP during the applicable calendar year. After ISTA's obligation to purchase the Annual Minimum commences pursuant to this Section 9.A., the parties shall meet at least once annually to discuss in good faith reasonable adjustments to the Annual Minimum taking into consideration the market conditions for the Product. Any such adjustment to the Annual Minimum shall be mutually agreed upon in writing and shall be subject to this Agreement.

Annual Minimum. Beginning on the [*], ISTA shall purchase from BLP a minimum annual amount of Product as set forth in Appendix B attached hereto (the "Annual Minimum"). If ISTA does not purchase such Annual Minimum during any calendar year thereafter, ISTA shall pay to BLP [*] of the difference between (i) the total amount ISTA would have paid to BLP if the Annual Minimum had been fulfilled and (ii) the total amount actually paid to BLP during the applicable calendar year. After ISTA's obligation to purchase the Annual Minimum commences pursuant to this Section 9.A., the parties shall meet at least once annually to discuss in good faith reasonable adjustments to the Annual Minimum taking into consideration the market conditions for the Product. Any such adjustment to the Annual Minimum shall be mutually agreed upon in writing and shall be subject to this Agreement.