Gross Margin Deficiency Sample Clauses

Gross Margin Deficiency. If the aggregate Gross Margin in any period of three (3) consecutive months is less than [**] percent ([**]%) of the aggregate Finished Product Price during such three-month period (the amount by which the Gross Margin is less than [**] percent ([**]%) of the aggregate Purchase Price is referred to herein as the “Gross Margin Deficiency”), then either Party may thereafter terminate this Agreement with sixty (60) days prior written notice to the other Party; provided, however, that in the event such termination notice is delivered by Seller such notice shall be deemed rescinded and shall be of no force or effect if, within ten (10) business days after receipt thereof, Purchaser pays to Seller an amount in cash equal to the Gross Margin Deficiency. For avoidance of doubt, in the event that Purchaser provides notice of its intention to terminate this Agreement pursuant to this Section 7.5, Purchaser shall nonetheless remain obligated to purchase any outstanding binding order quantities.