ANNUAL SALES PLAN Sample Clauses

ANNUAL SALES PLAN. (a) DISTRIBUTOR and COMPANY shall prepare and agree upon by October 31 of each year an annual sales plan ("Annual Sales Plan") for the subsequent Contract Year during the Term. Each Annual Sales Plan shall include purchase and sales projections for Products for five (5) full calendar years with the first year projected by quarters. With respect to Product line extensions, the parties shall make Annual Sales Plan adjustments as mutually agreed upon, commensurate with the expanded total available market opportunity associated with the expanded Product offerings. The first year projections will serve as the minimum purchase obligation for DISTRIBUTOR for the next Contract Year. The quarterly projections will serve as the production plan for the COMPANY. If after exhausting all reasonable effort COMPANY and DISTRIBUTOR are unable to mutually agree upon any Annual Sales Plan during the term of this Agreement, then the Annual Sales Plan shall be the same as the actual purchase and sales results during the Contract Year immediately preceding the Contract Year in which there is no agreement on the Annual Sales Plan. (b) Within ninety (90) days of the conclusion of any Contract Year of the Agreement in which DISTRIBUTOR has not attained the minimum purchase obligation under the Annual Sales Plan, DISTRIBUTOR shall have the discretionary right but not the obligation to purchase additional Products from COMPANY at the appropriate Purchase Prices in order to satisfy DISTRIBUTOR's obligation. Any purchases credited towards the prior Contract Year's Annual Sales Plan in accordance with the immediately preceding sentence shall not be credited towards the then current Contract Year's Annual Sales Plan. For the purposes of this Section 8.11 a Product shall be deemed purchased during a designated Contract Year when a firm purchase order has been received and accepted by COMPANY during such Contract Year, and which order calls for delivery of Products within that Contract Year; provided, that COMPANY shall accept or reject any such purchase order within fifteen (15) days following its receipt. (c) Notwithstanding any other provision of this Agreement to the contrary, any Annual Sales Plan then in effect shall be adjusted accordingly to reflect the effect of any Product recall, any discontinuation of a Product or Product line, any refusal or failure by COMPANY to satisfy a bona fide purchase order made in accordance with the terms of Section 8.2, or any relevant event of forc...
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ANNUAL SALES PLAN. No later than January 15, 2010, Licensee shall submit to Licensor for Licensor’s approval a written sales plan (the “Annual Sales Plan”) describing the sales and marketing plan for Licensed Articles for the 2010 AMR Period. The Annual Sales Plan, which shall be in the same format and contain substantially the same information (including an estimate of the total Net Sales of all Licensed Articles during the upcoming AMR Period), as the sample Annual Sales Plan previously submitted to and approved by Licensor shall be updated and resubmitted annually to Licensor for Licensor’s approval on or before January 15 (or if such date is not a business day, the following business day) of each AMR Period comprising the Contract Term.

Related to ANNUAL SALES PLAN

  • Marketing Plan The MCOP shall submit an annual marketing plan to ODM including all planned activities for promoting membership in or increasing awareness of the MCOP. The marketing plan submission shall include an attestation by the MCOP that the plan is accurate and is not intended to mislead, confuse, or defraud the eligible individuals or ODM.

  • Contract Quarterly Sales Reports The Contractor shall submit complete Quarterly Sales Reports to the Department’s Contract Manager within 30 calendar days after the close of each State fiscal quarter (the State’s fiscal quarters close on September 30, December 31, March 31, and June 30). Reports must be submitted in MS Excel using the DMS Quarterly Sales Report Format, which can be accessed at xxxxx://xxx.xxx.xxxxxxxxx.xxx/business_operations/ state_purchasing/vendor_resources/quarterly_sales_report_format. Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website is the responsibility of the Contractor without prompting or notification from the Department’s Contract Manager. If no orders are received during the quarter, the Contractor must email the DMS Contract Manager confirming there was no activity.

  • Annual Plan On or before November 1 of each calendar year during the Term, Manager shall prepare and submit to Owner for its approval a proposed annual plan for the promotion, operation, leasing, repair and maintenance of the Project for each calendar year (the "Proposed Annual Plan"). For purposes of this Agreement, a "Fiscal Year" shall mean a calendar year beginning on the first day of January and ending on the last day of December. The Annual Plan for the remaining portion of Fiscal Year 2003 is attached hereto as Exhibit "A".

  • Contract Year A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.

  • Marketing Plans Contractor and the Exchange recognize that Enrollees and other health care consumers benefit from efforts relating to outreach activities designed to increase heath awareness and encourage enrollment. The parties shall share marketing plans on an annual basis and with respect to periodic updates of material changes. The marketing plans of each of the Exchange and Contractor shall include proposed marketing approaches and channels and shall provide samples of any planned marketing materials and related collateral as well as planned, and when completed, expenses for the marketing budget. The Contractor shall include this information for both the Exchange and the outside individual market. The Exchange shall treat all marketing information provided under this Section as confidential information and the obligation of the Exchange to maintain confidentiality of this information shall survive termination or expiration of this Agreement.

  • Quarterly Sales Reports The Contractor shall submit a completed Quarterly Sales Report electronically, in the required format, to the Department’s Contract Manager within thirty (30) calendar days after close of each quarter. The quarterly sales report can be found here: xxxxx://xxx.xxx.xxxxxxxxx.xxx/business_operations/ state_purchasing/vendor_resources/quarterly_sales_report_format. The Contract Quarterly Sales Report will include all sales and orders associated with this Contract from Customers received during the reporting period. Initiation and submission of the Sales Report is the responsibility of the Contractor without prompting or notification from the DMS Contract Manager. Failure to provide the quarterly sales report will result in the imposition of financial consequences and may result in the Contractor being found in default and the termination of the Contract. Initiation and submission of the quarterly sales report are the responsibility of the Contractor without prompting or notification by the Department. Sales will be reviewed on a quarterly basis. If no sales are recorded during the period, the Contractor must submit a report stating that there was no activity. If no sales are recorded in two consecutive quarters, the Contractor may be placed in probationary status or the Department may terminate the Contract. Quarter 1 – (July-September) – due 30 calendar days after the close of the period Quarter 2 – (October-December) – due 30 calendar days after the close of the period Quarter 3 – (January-March) – due 30 calendar days after the close of the period Quarter 4 – (April-June) due 30 calendar days after the close of the period Exceptions may be made if a delay in submitting reports is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Department. The Department reserves the right to request additional sales information as needed.

  • Gross Sales Notwithstanding anything in the Lease to the contrary the definition of Gross Sales shall be as follows:

  • Commercialization Plan (a) Not later than three [***] after submission of Regulatory Filings for each Product in each country of the Territory, Licensee will provide to the JCC for review its initial Commercialization Plan for each Product for each country in the Territory. Such initial Commercialization Plan will describe Licensee’s plans for activities to be conducted for such Product for such country. Each Commercialization Plan shall include the details of obligations to be performed by Licensee to achieve the specific activities that are applicable to the stage of [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Commercialization (e.g., pre-launch, launch planning, launch, or post-launch) of the applicable Product during the time period covered by such Commercialization Plan and subsequent time periods. (b) Prior to the First Commercial Sale for such Product in such country, Licensee will provide to the JCC for review an updated Commercialization Plan for such Product for such country. Such updated Commercialization Plan will include, but not be limited to, Licensee’s updated plans for activities to be conducted for such Product for such country prior to launch as well as activities to be conducted in connection with such launch. (c) Promptly after each anniversary of the First Commercial Sale of such Product during the Term, Licensee will provide to the JCC for review updated Commercialization Plans for such Product for such country. Such further updated Commercialization Plan will include, but not be limited to, Licensee’s plans for Commercialization activities for such Product and such country for the twelve (12) month period following the date of delivery of such Commercialization Plan. No Commercialization Plan may be implemented by Licensee if [***]. Each Commercialization Plan shall be consistent with and shall not contradict the terms of this Agreement [***], and in the event of any inconsistency between the Commercialization Plan and this Agreement, the terms of this Agreement shall prevail. Notwithstanding the foregoing, if a [***], Licensee shall [***] and shall promptly [***].

  • Calendar Year Calendar Year" for the purposes of this Agreement shall mean the twelve (12) month period from January 1st to December 31st, inclusive.

  • Annual Operating Plan Purchaser may be required to submit a written annual operating plan, as specified by, and at the request of the Forest Officer.

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