Minimum Commitments Sample Clauses
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Minimum Commitments. 4.1 Where Service Intervals apply, the Customer agrees to deliver the applicable Instruments to the Supplier at each of the Service Intervals or provide access to its premises for the performance of the Services (as applicable in accordance with the Order and/or Scope of Work), and the Supplier agrees to perform the Services at those Service Intervals for the duration of the Agreement. If the Customer fails to deliver or provide access to any Instruments for performance of the Services at an applicable Service Interval in accordance with the Agreement, the Supplier shall remain entitled to issue an invoice for the Charges payable in respect of those Instruments, which shall be payable in accordance with the Agreement.
4.2 Where a Service Term applies, the Parties agree that:
4.2.1 the Services shall be provided on a recurrent basis for that Service Term. At the end of the initial period specified in the Order, the Service Term shall automatically renew for successive periods of one (1) year, unless and until terminated by either Party on giving no less than ninety (90) days written notice to the other Party, such notice to expire at the end of the Initial Service Term or any time thereafter;
4.2.2 the Charges are payable based on the agreed scope of the Services and the scope of Services may not be reduced or cancelled without an agreed Change Order in accordance with clause 8;
4.2.3 if the Customer fails to deliver any Instruments for the performance of the Services, the Supplier shall remain entitled to issue an invoice for the Charges payable in respect of those Instruments, which shall be payable in accordance with the Agreement; and
4.2.4 if the Customer purports to terminate the Agreement (other than in accordance with clause 14 or otherwise cancels, reduces or opts not to use any the Services without an agreed Change Order, the Charges shall remain payable for the balance of the Services that would have been performed for the remainder of the Service Term and no refund shall be due in respect of Charges already invoiced.
4.3 Where an Order specifies a committed or minimum spend during the Service Term or another specified time period (for example, per annum), the Customer agrees that the same shall be binding. If, during the course of that period, the Customer has not procured sufficient Services to meet the committed or minimum spend, the Supplier may issue an invoice for the balance of the Charges due based on that amount, which shall be payable i...
Minimum Commitments. Participant will designate at least 1 resource to serve as liaisons to Genesys with respect to performance of the activities described in this Agreement. Participant and its employees will make reasonable efforts to participate in activities, including Sponsor User Sessions, as requested by Genesys. Participant hereby consents to Genesys contacting Participant’s Sponsor Users regarding information or requests about the Sponsor User Program. For information and guidance regarding Program expectations, please see ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/jfe/form/SV_dbX3SqIQk1PYYxo. Participant agrees to use all reasonable efforts to commit to participation in the Sponsor User Program for at least one year from the Effective Date.
Minimum Commitments. The aggregate amount of the increases in the Revolving Credit Commitments and Incremental Term Loans at any time provided by New Lenders and/or an Increasing Lenders shall be at least $25,000,000, and increments of $5,000,000 thereafter.
Minimum Commitments. The aggregate amount of Commitments of all Lenders on the Closing Date shall be not less than $400,000,000.
Minimum Commitments. The minimum amount of the increase in the Term Loan Commitments shall be $5,000,000 (or such lesser amount as shall be acceptable to the Administrative Agent).
Minimum Commitments. (a) For each Contract Year during the Term, Purchaser shall pay Sprint the minimum revenue commitments set forth in Table 1 below (as such minimum revenue commitments may be adjusted or waived as specifically set forth in this Agreement, including Schedules 1.0 and 4.0). As used herein, each amount set forth in Table 1, other than the Total Minimum Revenue Commitment, is referred to individually as a “Minimum Annual Revenue Commitment” and the total of all such Minimum Annual Revenue Commitments is the “Total Minimum Revenue Commitment.” Effective Date through December 31, 2011 (Contract Year 1) $20,000,000 (subject to Sections 2.8.1(j) and (k)) $[***] January 1 through December 31, 2012 (Contract Year 2) $75,000,000 (subject to Section 2.8.1(j) and (k)) $[***] January 1 through December 31, 2013 (Contract Year 3) $80,000,000 $[***] January 1 through December 31, 2014 (Contract Year 4) $75,000,000 $[***] January 1 through December 31, 2015 (Contract Year 5) $50,000,000 $[***] Total Minimum Revenue Commitment $300,000,000 $100,000,000
(b) Except as otherwise provided in Section 2.8.1(g), the following amounts paid under this Agreement during a Contract Year shall be used to determine whether Purchaser has met its Minimum Annual Revenue Commitment for such Contract Year: (i) all amounts paid during such Contract Year under Schedule 1.0 of this Agreement (including Wireless Data Device usage by End Users); and (ii) those amounts paid for usage of the Sprint Network on or after the Effective Date under that certain Intercarrier Roamer Service Agreement dated May 4, 2005, as amended, by and between Sprint (or its Affiliates) and Purchaser (or its Affiliates) (as amended, the “Roaming Agreement”); provided, however, that Purchaser may not count amounts under clause (ii) with respect to: (x) a Contract Year to the extent such amounts exceed the applicable maximum amount for such Contract Year set forth in Table 1; or (y) such amounts exceed the aggregate maximum set forth in Table 1. The amounts described in (i) and (ii) shall constitute the “Annual Revenue Amount.”
(c) If, at the end of any Contract Year, the applicable Annual Revenue Amount during such Contract Year is less than the applicable Minimum Annual Revenue Commitment for such Contract Year, Purchaser shall pay Sprint an amount equal to such shortfall amount. Sprint shall include such shortfall amount in the invoice for the next complete billing cycle. If, at the end of any Contract Year(s), the applic...
Minimum Commitments. (a) The Industry Parties each agree to make a minimum annual Cash Contribution to the Alliance of $150 000.
(b) Each Industry Party’s Cash Contribution will be applied in respect of that party’s share of the amount set out in the Approved Annual Research Program and Budgets and that party’s share of the Administrative Costs. For the avoidance of doubt, while a party is permitted to contribute an amount greater than the minimum annual Cash Contribution, a party will not be required to exceed the minimum annual Cash Contribution in a financial year.
(c) An Industry Party that has elected to participate in one or more Regions in accordance with clause 2.15(c), may direct the GISERA Director to apply its Cash Contributions to its elected Region or Regions.
(d) The parties acknowledge and agree that APLNG and QGC have each made an annual Cash Contribution under the Initial Alliance Agreement for the 2015/16 financial year, which has been applied against each party’s obligation to make a Cash Contribution for the 2015/16 financial year under this agreement. APLNG and QGC are not required to make a further Cash Contribution to the Alliance until the 2016/17 financial year.
Minimum Commitments. (i) [***]. The initial [***] L/M in aggregate increases in production capacity of the Y5 Facility shall be considered firmly committed by each Party (i.e., [***] L/M each) as described below [***]. Toshiba shall specify the timing and manner of implementation of [***] and the details shall be reflected in one or more Business Plans that provide for implementing [***]. If SanDisk [***] fails for any reason to make the investment necessary to implement its [***] share of the [***] then Toshiba (so long as it makes the investment necessary to implement its [***] share of [***] shall have the right [***] either to maintain this Agreement in effect [***] or [***] in which case (A) [***] and (B) [***] shall apply.
(ii) [***]. If Toshiba gives notice to SanDisk of [***] to proceed with Phase II, the following terms and conditions shall apply with respect to the ramp-up in Phase II. The initial [***] in aggregate increases in production capacity of Phase II of the Y5 Facility shall be considered [***] as described below [***] shall specify the timing and manner of implementation of [***] and the details shall be reflected in one or more Business Plans that provide for implementing [***]. If SanDisk [***] fails for any reason to make the investment necessary to implement [***] Toshiba (so long as it makes the investment necessary to implement [***] share of [***] shall have the right, [***] to: (A) maintain this Agreement in effect [***]; (B) maintain this Agreement in effect with respect [***]; or (C) in the event that SanDisk’s [***] in Phase I is [***] or less at the time of such failure to [***], in which case (1) [***] and (2) [***] shall apply.
Minimum Commitments a) During the period from the Effective Date to the First Submission (the “Clinical Period”):
i) CPP shall purchase from sanofi-aventis at least the Minimum Clinical Commitment of Products; and
ii) CPP shall place an order for at least one initial regulatory filing registration batch for the United States within thirty–six (36) months after the Effective Date.
b) During the period commencing six months after the date of the First Submission and until the first Regulatory Approval of a Product in any country or other jurisdiction, no later than the first day of each calendar quarter, CPP shall submit to sanofi-aventis an updated rolling forecast for its planned orders for Commercial Products, which shall be non-binding and shall be for planning purposes only (each a “Pre-Approval Commercial Forecast”).
c) During the period commencing on the date of the first Regulatory Approval and for the duration of the Term, (the “Commercial Period”),
i) CPP shall submit Commercial Demand Forecasts in accordance with Section 6.2 of this Agreement; and
ii) CPP shall purchase at least the Minimum Annual Commercial Commitment of Products from sanofi-aventis.
d) CPP shall be required to place an order for commercial supply to support a Product launch within six (6) months of obtaining Regulatory Approval.
Minimum Commitments. To the extent that the Plan for a Granted Country includes a minimum commitment, and such minimum commitment is not achieved within the specified time period, NeoVenta will be required to purchase from SenesTech an amount necessary to reach the minimum commitment within 60 days of the end of period in question. Failure to purchase any minimum commitment will be deemed a material breach of this agreement and will result in such Granted Country being removed from Appendix A and ceasing to be treated as a Granted Country. So long as good faith efforts are made to market within a given Granted Country, deficiencies in meeting minimum commitments in said Granted Country may be made up by purchases in another Granted Country in excess of its minimum commitment.