Failure to Meet Marketing Plan Goals Sample Clauses

Failure to Meet Marketing Plan Goals. In the event that Wyeth's Net Revenue from sales of Products in any Region in the Territory during the * shall fail to exceed, * of the projected Net Revenue set forth in the marketing plan prepared in accordance with Section 8.8 for such Region, then Biomatrix may elect (i) to co-promote the Products and Extended Products under the Trademark for Wyeth's account itself (or through an Affiliate) in such Region, and/or appoint one Designee (other than Wyeth or any of its Affiliates) in such Region, or (ii) to convert Wyeth's license rights in such Region to co-exclusive and co-market the Products and Extended Products itself (or through an Affiliate) in such Region, and/or appoint one Designee (other than Wyeth or any of its Affiliates) in such Region, under a trademark that is not similar to the Trademark. *Confidential portions have been omitted and filed separately with the Commission. 8 -8- Biomatrix shall make any such election with respect to any such Region within * with respect to such Region. If Biomatrix elects to co-promote the Products or Extended Products itself (or through an Affiliate or Designee) with respect to one or more Regions pursuant to the provisions of this Section 2.3(b), then Biomatrix (or an Affiliate or Designee) shall be compensated on one of the following bases: * If Biomatrix elects to convert Wyeth's rights in such Region(s) to co-exclusive and co-market the Products and Extended Products ) (or through an Affiliate) itself or in conjunction with a Designee with respect to one or more Regions pursuant to the provisions of this Paragraph 2.3(b), then neither party shall have any financial obligations to the other in connection with any sales by Biomatrix (or an Affiliate) or its Designee under such co-marketing arrangement (other than any obligations under the Supply Agreement and/or the Trademark Agreement).
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Related to Failure to Meet Marketing Plan Goals

  • Performance Measure The number of Performance Shares earned at the end of the three-year Performance Period will vary depending on the degree to which cumulative adjusted earnings per share performance goals for the Performance Period, as established by the Committee, are met.

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Marketing Plan The Contractor shall have a Marketing Plan, that has been prior-approved by the SDOH and/or LDSS, that describes the Marketing activities the Contractor will undertake within the local district during the term of this Agreement. The Marketing Plan and all marketing activities must be consistent with the Marketing Guidelines which are set forth in Appendix D, which is hereby made a part of this Agreement as if set forth fully herein. The Marketing Plan shall be kept on file in the offices of the Contractor, LDSS, and the SDOH. The Marketing Plan may be modified by the Contractor subject to prior written approval by the SDOH and/or the LDSS. The LDSS or SDOH must take action on the changes submitted within sixty (60) calendar days of submission or the Contractor may deem the changes approved.

  • Performance Standards The Custodian shall use its best efforts to perform its duties hereunder in accordance with the standards set forth in Schedule C hereto. Schedule C may be amended from time to time as agreed to by the Custodian and the Trustees of the Fund.

  • Performance Reporting For Performance Reporting (including After-Tax Performance Reporting), Ultimus charges each Portfolio a fee of $200 per month.

  • Performance Metrics The “Performance Metrics” for the Performance Period are: (i) the System Average Interruption Frequency Index (Major Events Excluded) (“XXXXX”); (ii) Arizona Public Service Company’s customer to employee improvement ratio; (iii) the OSHA rate (All Incident Injury Rate); (iv) nuclear capacity factor; and (v) coal capacity factor.

  • Performance Measures The extent, if any, to which you shall have the right to payment of the Award shall depend upon your satisfying one of the continuous employment conditions set forth in Section 3 and the extent to which the applicable performance measure has been satisfied as of the Final Measurement Date, as specified below: The Award shall have the following performance measures during the Measurement Period:

  • Goals A. WHAT ARE YOUR MBE/WBE/DVBE PARTICIPATION GOALS? MINORITY BUSINESS ENTERPRISES (MBEs) WOMAN BUSINESS ENTERPRISES (WBEs) DISABLED VETERAN BUSINESS ENTERPRISES (DVBEs)

  • Performance Objectives Subject to the terms of this Agreement, the Participant’s interest in the Stock Award shall vest and become transferable in accordance with paragraphs 3, 4 and 5 and Exhibit I based on the Company’s Compounded Annual Growth Rate TSR for the applicable measurement period relative to the Compounded Annual Growth Rate TSR for the applicable measurement period for the companies (other than the Company) listed in the NAREIT Hotel Index.

  • Expedited Advertising Compliance Review $[ ] for the first 10 pages (minutes if audio or video); $[ ] per page (minute if audio or video) thereafter, 24 hour initial turnaround. § $[ ] FINRA filing fee per communication piece for the first 10 pages (minutes if audio or video); $[ ] per page (minute if audio or video) thereafter. FINRA filing fee subject to change. (FINRA filing fee may not apply to all communication pieces.)

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