Failure to Meet Minimum. Failure to meet such minimum requirements shall constitute a material breach of this Agreement for the purposes of Section 13 (Termination and Term) thereof; provided, however, that in lieu of terminating this Agreement pursuant to such section based on such breach, Developer may instead elect in its sole discretion to change the exclusive rights granted to Distributor under Section 1 (Products and Territory) hereof to non-exclusive rights, in which case Developer shall then have the right to appoint additional non-exclusive distributors in the Territory and the right to sell the Products itself in the Territory, either directly (including without limitation with the assistance of sales representatives) or through one or more of its affiliates.
Failure to Meet Minimum. Notwithstanding anything to the contrary contained herein, in the event that during any Agreement Year the Royalties calculated from Net Sales are not equal to or greater than the applicable Minimum Royalty, Cumberland shall have the right to terminate this Agreement or any License granted hereunder or the exclusivity thereof, effective immediately, by giving Licensee written notice of such termination.
Failure to Meet Minimum. In-Service Equipment/Supply Requirements - City may be required to remove from service any Ambulance that fails to comply with EMS Policies with respect to equipment and supplies until such time that the Ambulance is brought into compliance with related EMS Policies SECTION 14 - COOPERATION WITH EMS SYSTEM/COMMUNITY EDUCATION
Failure to Meet Minimum. REQUIREMENTS In the event that in any given year, the total Product orders and payments by Distributor under Section 3.6 do not, in the aggregate, equal or exceed: the minimum annual purchase requirements in the amounts set forth in Exhibit B hereto ("Minimum Purchase Requirements"), then Micrus may, at its sole discretion, either: (a) convert the grant of the distribution rights pursuant to Section 2.1 hereof to a non-exclusive basis; or (b) terminate this Agreement upon (120) days prior written notice to Distributor. If Micrus elects to convert the grant of distribution rights to a non-exclusive basis, such election shall be made by delivery of written notice by Micrus to Distributor and shall take effect on the date set forth in the notice, and Micrus will in that event retain the right thereafter to terminate this Agreement if at any time Distributor again fails to equal or exceed the Minimum Purchase Requirements.
Failure to Meet Minimum. Hovione may terminate this Agreement on three (3) months written notice if Allos does not buy at least the applicable amount of API set forth in Attachment B under “4. Annual API Purchase Base” in the applicable year, unless such failure is due to Hovione’s fault. Notwithstanding the foregoing, Allos shall have the right to obtain three extensions to the dates set forth in Attachment B; provided that Allos shall pay Hovione the amount set forth in Attachment B under “5. Extension Fees” for each extension on or before December 31st of the year in which the minimum purchase obligation was not met. Each extension moves the Annual API Purchase Base by one year. In each case termination shall not occur if Allos has cured such fault within three (3) months of Hovione’s notice.
