Common use of Brand Contribution Percentage Maintenance Clause in Contracts

Brand Contribution Percentage Maintenance. The Brand Manager shall be responsible for maintaining and growing the "Brand Contribution Percentage" (defined as Brand Contribution as a percentage of the brand's total revenue). The relative performance of the Brand's Brand Contribution Percentage, compared to the Brand Contribution Percentage of all other DMS Corp. brands, will be evaluated on a regular (quarterly) basis by DMS Corp. and provided to the DMS Corp. Business Steering Committee for review. If, for three consecutive review periods, the Brand's Brand Contribution Percentage falls in the bottom 10% of the Brand Contribution Percentage achieved by all DMS Corp. brands, DMS Corp. will have the right, upon approval by the Business Steering Committee, to terminate this Agreement in accordance with the provisions of paragraph 6 hereinbelow. The Brand Manager, on at least 60 days' advance notice from DMS Corp., will be responsible for preparing a budget, forecasting expense items under his control for each fiscal quarter in the upcoming fiscal year. Such budget will be submitted to the DMS Corp. Business Steering Committee for approval, and such approval shall not be unreasonably withheld unless the submitted budget targets a Brand Contribution Percentage in the bottom 10% of the Brand Contribution Percentages targeted by all DMS Corp. brands.

Brand Contribution Percentage Maintenance. The Brand Manager shall be responsible for maintaining and growing the "Brand Contribution Percentage" (defined as Brand Contribution as a percentage of the brand's total revenue). The relative performance of the Brand's Brand Contribution Percentage, compared to the Brand Contribution Percentage of all other DMS Corp. brands, will be evaluated on a regular (quarterly) basis by DMS Corp. and provided to the DMS Corp. Business Steering Committee for review. If, for three consecutive review periods, the Brand's Brand Contribution Percentage falls in the bottom 10% of the Brand Contribution Percentage achieved by all DMS Corp. brands, DMS Corp. will have the right, upon approval by the Business Steering Committee, to terminate this Agreement in accordance with the provisions of paragraph 6 hereinbelow. The Brand Manager, on at least 60 days' advance notice from DMS Corp., will be responsible for preparing a budget, forecasting expense items under his its control for each fiscal quarter in the upcoming fiscal year. Such budget will be submitted to the DMS Corp. Business Steering Committee for approval, and such approval shall not be unreasonably withheld unless the submitted budget targets a Brand Contribution Percentage in the bottom 10% of the Brand Contribution Percentages targeted by all DMS Corp. brands.

Brand Contribution Percentage Maintenance. The Brand Manager Managers shall be responsible for maintaining and growing the "Brand Contribution Percentage" (defined as Brand Contribution as a percentage of the brand's total revenue). The relative performance of the Brand's Brand Contribution Percentage, compared to the Brand Contribution Percentage of all other DMS Corp. brands, will be evaluated on a regular (quarterly) basis by DMS Corp. and provided to the DMS Corp. Business Steering Committee for review. If, for three consecutive review periods, the Brand's Brand Contribution Percentage falls in the bottom 10% of the Brand Contribution Percentage achieved by all DMS Corp. brands, DMS Corp. will have the right, upon approval by the Business Steering Committee, to terminate this Agreement in accordance with the provisions of paragraph 6 hereinbelow. The Brand ManagerManagers, on at least 60 days' advance notice from DMS Corp., will be responsible for preparing a budget, forecasting expense items under his their control for each fiscal quarter in the upcoming fiscal year. Such budget will be submitted to the DMS Corp. Business Steering Committee for approval, and such approval shall not be unreasonably withheld unless the submitted budget targets a Brand Contribution Percentage in the bottom 10% of the Brand Contribution Percentages targeted by all DMS Corp. brands.

Brand Contribution Percentage Maintenance. The Brand Manager shall be responsible for maintaining and growing the "Brand Contribution Percentage" (defined as Brand Contribution as a percentage of the brand's total revenue). The relative performance of the Brand's Brand Contribution Percentage, compared to the Brand Contribution Percentage of all other DMS Corp. brands, will be evaluated on a regular (quarterly) basis by DMS Corp. and provided to the DMS Corp. Business Steering Committee for review. If, for three consecutive review periods, the Brand's Brand Contribution Percentage falls in the bottom 10% of the Brand Contribution Percentage achieved by all DMS Corp. brands, DMS Corp. will have the right, upon approval by the Business Steering Committee, to terminate this Agreement in accordance with the provisions of paragraph 6 hereinbelow. The Brand Manager, on at least 60 days' advance notice from DMS Corp., will be responsible for preparing a budget, forecasting expense items under his her control for each fiscal quarter in the upcoming fiscal year. Such budget will be submitted to the DMS Corp. Business Steering Committee for approval, and such approval shall not be unreasonably withheld unless the submitted budget targets a Brand Contribution Percentage in the bottom 10% of the Brand Contribution Percentages targeted by all DMS Corp. brands.

Brand Contribution Percentage Maintenance. The Brand Manager shall be responsible for maintaining and growing the "Brand Contribution Percentage" (defined as Brand Contribution as a percentage of the brand's total revenue). The relative performance of the Brand's Brand Contribution Percentage, compared to the Brand Contribution Percentage of all other DMS Corp. brands, will be evaluated on a regular (quarterly) basis by DMS Corp. and provided to the DMS Corp. Business Steering Committee for review. If, for three consecutive review periods, the Brand's Brand Contribution Percentage falls in the bottom 10below 7.5% (after payment of the Brand Contribution Percentage achieved by all DMS Corp. brandsminimum monthly retainer), DMS Corp. will have the right, upon approval by the Business Steering Committee, to terminate this Agreement in accordance with the provisions of paragraph 6 hereinbelow. The Brand Manager, on at least 60 days' advance notice from DMS Corp., will be responsible for preparing a budget, forecasting expense items under his its control for each fiscal quarter in the upcoming fiscal year. Such budget will be submitted to the DMS Corp. Business Steering Committee for approval, and such approval shall not be unreasonably withheld unless the submitted budget targets a Brand Contribution Percentage in the bottom 10of less than 7.5% (after payment of the Brand Contribution Percentages targeted by all DMS Corp. brandsminimum monthly retainer).

Brand Contribution Percentage Maintenance. The Brand Manager shall be responsible for maintaining and growing the "Brand Contribution Percentage" (defined as Brand Contribution as a percentage of the brandBrand's total revenue). The relative performance of the Brand's Brand Contribution Percentage, compared to the Brand Contribution Percentage of all other DMS Corp. brands, will be evaluated on a regular (quarterly) basis by DMS Corp. and provided to the DMS Corp. Business Steering Committee for review. If, for three consecutive review periods, the Brand's Brand Contribution Percentage falls in the bottom 10% of the Brand Contribution Percentage achieved by all DMS Corp. brands, DMS Corp. will have the right, upon approval by the Business Steering Committee, to terminate this Agreement in accordance with the provisions of paragraph 6 hereinbelow. The Brand Manager, on at least 60 days' advance notice from DMS Corp., will be responsible for preparing a budget, forecasting expense items under his control for each fiscal quarter in the upcoming fiscal year. Such budget will be submitted to the DMS Corp. Business Steering Committee for approval, and such approval shall not be unreasonably withheld unless the submitted budget targets a Brand Contribution Percentage in the bottom 10% of the Brand Contribution Percentages targeted by all DMS Corp. brands.

Brand Contribution Percentage Maintenance. The Brand Manager shall be responsible for maintaining and growing the "Brand Contribution Percentage" (defined as Brand Contribution as a percentage of the brandBrand's total revenue). The relative performance of the Brand's Brand Contribution Percentage, compared to the Brand Contribution Percentage of all other DMS Corp. brands, will be evaluated on a regular (quarterly) basis by DMS Corp. and provided to the DMS Corp. Business Steering Committee for review. If, for three consecutive review periods, the Brand's Brand Contribution Percentage falls in the bottom 10% of the Brand Contribution Percentage achieved by all DMS Corp. brands, DMS Corp. will have the right, upon approval by the Business Steering Committee, to terminate this Agreement in accordance with the provisions of paragraph 6 hereinbelow. In the event that DMS Corp. places additional operations at the Brand location, and the same has a material adverse effect on the Brand Contribution Percentage of the Brand, an equitable adjustment shall be made to the Brand Contribution Percentage of the Brand for purposes of this Section 3.(b) as well as an equitable adjustment to the Brand Contribution Percentage for purposes of this Section 3 (b) in the event of a Force Majeure occurrence or condition. The Brand Manager, on at least 60 days' advance notice from DMS Corp., will be responsible for preparing a budget, forecasting expense items under his its control for each fiscal quarter in the upcoming fiscal year. Such budget will be submitted to the DMS Corp. Business Steering Committee for approval, and such approval shall not be unreasonably withheld or delayed unless the submitted budget targets a Brand Contribution Percentage in the bottom 10% of the Brand Contribution Percentages targeted by all DMS Corp. brands.

Brand Contribution Percentage Maintenance. The Brand Manager shall be responsible for maintaining and growing the "Brand Contribution Percentage" (defined as Brand Contribution as a percentage of the brand's total revenue). The relative performance of the Brand's Brand Contribution Percentage, compared to the Brand Contribution Percentage of all other DMS Corp. brands, will be evaluated on a regular (quarterly) basis by DMS Corp. and provided to the DMS Corp. Business Steering Committee for review. If, for three consecutive review periods, the Brand's Brand Contribution Percentage falls in the bottom 10% of the Brand Contribution Percentage achieved by all DMS Corp. brands, DMS Corp. will have the right, upon approval by the Business Steering Committee, to terminate this Agreement in accordance with the provisions of paragraph 6 hereinbelow. The Brand Manager, on at least 60 days' advance notice from DMS Corp., will be responsible for preparing a budget, forecasting expense items under his [his/her/its] control for each fiscal quarter in the upcoming fiscal year. Such budget will be submitted to the DMS Corp. Business Steering Committee for approval, and such approval shall not be unreasonably withheld unless the submitted budget targets a Brand Contribution Percentage in the bottom 10% of the Brand Contribution Percentages targeted by all DMS Corp. brands.