Minimum Order Volume. A. Annual Purchases. Customer’s minimum annual Net Purchase (total purchases less returns, credits, rebates, late payment fees and similar items) volume during Year 1 is . Year 1 is from the Effective Date to . Subsequent contract Years are the following 12-month periods. Customer’s Net Purchases during subsequent years are projected to increase at a rate of [*****] % per Year during each Year of the Term. Customer’s aggregate Net Purchases over the life of this Agreement will be no less than . Additionally, total PRO Generics Net Purchases from all Facilities will be at least [*****] % of total Rx purchases from all Facilities.
B. Small Order Charge. If Customer purchases less than $[*****] per month, a delivery charge of $[*****] per delivery will be assessed for each order that is less than$ [*****] Distributor may adjust the per-delivery charge from time to time to reflect Distributor’s shipping and handling costs.
Minimum Order Volume. The exclusive Distribution rights for the Implants granted under this Agreement shall become non-exclusive at the option of RTI in the event that Zimmer fails to submit, during the calendar years set forth below, Firm Orders for the Implants with aggregate Fees in the minimum amounts set forth in the following schedule (“Minimum Requirements”): Calendar Year Minimum Aggregate Fees 2011 ******** 2012 ******** 2013 ******** 2014 ******** 2015 ******** 2016 ******** 2017 ******** 2018 ******** 2019 ******** 2020 ********
(a) Notice and Opportunity to Cure. In order to exercise its rights pursuant to this Section, RTI must notify Zimmer in writing of any failure to meet the foregoing Minimum Requirements within thirty (30) days of the end of the particular calendar year deadline noted above for the achievement of stated Minimum Requirements. Zimmer shall be entitled to an opportunity to cure such failure and retain its exclusive Distribution rights by delivering to RTI, within thirty (30) days of its receipt of RTI’s notice, (a) one or more Additional Order(s) with aggregate Fees sufficient to satisfy the shortfall in the applicable Minimum Requirements, or (b) a cash payment equal to *******. Any Additional Order(s) submitted by Zimmer pursuant to (a) above to satisfy the shortfall in Minimum Requirements will be applied to the previous calendar year period (the shortfall period) and not the calendar year in which it is submitted for purposes of determining Xxxxxx’x compliance with the Minimum Requirements.
Minimum Order Volume during Commercial Phase and *** during Development Phase and Transitional Phase. Minimum Delivery Size: *** during Commercial Phase and *** during Development Phase and Transitional Phase.
Minimum Order Volume. A. Annual Purchases. Customer’s minimum annual Net Purchase (total purchases less returns, credits, rebates, late payment fees and similar items) volume during Year 1 is *. Year 1 is the period from the Effective Date until the end of the period that includes twelve (12) full calendar months and, with respect to the subsequent years, a Year is the following twelve (12) month periods. Customer’s Net Purchases are projected to increase at a rate of * per Year during each Year of the Term. *.
Minimum Order Volume. A. Annual Purchases. Customer’s minimum annual Net Purchase (total purchases less returns, credits, rebates, late payment fees and similar items) volume during Year 1 is $1 billion. Year 1 is the period from the Effective Date until the end of the period that includes twelve (12) full calendar months and, with respect to the subsequent years, a Year is the following twelve (12) month periods. Customer’s Net Purchases are projected to increase at a rate of * per Year during each Year of the Term. Additionally, Customer’s total PRxO Generics and Source Generics Net Purchases (combined from all Facilities) for a quarter will be at least * of Customer’s total Rx purchases for such quarter. Calculations are quarterly, with no carryover from one quarter to the next.
B. Small Order Charge. If Customer purchases less than * per month per Facility, a delivery charge of * per delivery will be assessed for each order that is less than *. ABDC may adjust the per-delivery charge from time to time to reflect ABDC’s actual shipping and handling costs. [*] CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
Minimum Order Volume. Section 3.9 of the Agreement is hereby amended as follows:
(A) The Minimum Requirement for each of calendar years 2018 and 2019 is $[****].
(B) The Minimum Requirement for each calendar year from 2020 through 2024 shall be [****].
(C) The first sentence of Section 3.9 is hereby amended and replaced in its entirety with the following: “The exclusive Distribution rights for the Implants granted under this Agreement shall become non-exclusive at the option of RTI in the event that Biomet 3i fails to submit, with respect to the calendar years set forth below, Qualifying Firm Orders for the Implants with aggregate Fees in the minimum amounts set forth in the following schedule (“Minimum Requirements”):”
(D) Section 3.9(c) is hereby amended and replaced in its entirety with the following:
Minimum Order Volume. The exclusive Distribution rights for the Implants granted under this Agreement shall become non-exclusive at the option of RTI in the event that Zimmer fails to submit, during the calendar years set forth below, Firm Orders for the Implants with aggregate Fees in the minimum amounts set forth in the following schedule (“Minimum Requirements”):
Minimum Order Volume. For Orders entered via 1T Spot Exchange, minimum Order volumes apply. The Applicable 1T Provider may periodically and reasonably update Order minimums and maximums to reflect the current state of marketplaces and value of assets.
Minimum Order Volume. The parties agree that the table in Section 3.9 of the Agreement that sets forth the Minimum Requirements is deleted and replaced in its entirety with the following table:
Minimum Order Volume
