Common use of Failure to Meet Minimum Purchase Requirements Clause in Contracts

Failure to Meet Minimum Purchase Requirements. Subject to the terms of Exhibit F hereof, within thirty (30) days after the end of each quarter in which Tellabs fails to meet the minimum purchase requirement, Tellabs shall [ * ] during such quarter, with the following exceptions: (i) [ * ] will be due in the first quarter in which Tellabs fails to meet the minimum, if Tellabs exceeds the minimum volume commitment in the next quarter by [ * ]; (ii) if Tellabs exceeds the minimum purchases in any quarters, [ * ] can be applied to meet up to [ * ]; and (iii) if Tellabs misses the minimum volume commitment in a quarter [ * ] up to [ * ] may be [ * ]. "Actual purchases" shall mean all accepted Orders for shipment during the indicated quarter ( whether or not actually shipped by Riverstone). The penalties set forth in this Section 3.5 shall be Riverstone's sole remedies for Tellabs' failure to meet the minimum purchase commitments.

Appears in 4 contracts

Samples: Software License Agreement (Riverstone Networks Inc), Software License Agreement (Riverstone Networks Inc), Software License Agreement (Riverstone Networks Inc)

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