MINIMUM ORDERS; OTHER OBLIGATIONS Sample Clauses

MINIMUM ORDERS; OTHER OBLIGATIONS. 5.1 Minimum Product Orders/Sales and Exclusive Remedy. Subject to Section 5.2 hereof, during the Term of this Agreement, Kmart agrees to place orders for a minimum U.S. dollar amount of Products within each category specified below (each, a "Category") from Salton (the "Minimum Product Orders") at the purchase prices determined in accordance with Sections 7.1.1 and 7. 1.2 hereof during the periods (each, a "Period," and together, the "Periods") in each case as specified below ($ in millions). All Products ordered prior to the date of this Agreement shall be credited against the Minimum Product Orders for the initial Period of this Agreement. CATEGORY UP TO AND -------- --------- (IN INCLUDING 7/1/98- 7/1/99- 7/1/00- 7/1/01- 7/1/02- 7/1/03- --- --------- ------- ------- ------- ------- ------- ------- MILLIONS) 6/30/98 6/30/99 6/30/00 6/30/01 6/30/02 6/30/03 6/30/04 --------- ------- ------- ------- ------- ------- ------- ------- Kitchen Housewares: $40.0 $50.0 $52.0 $54.1 $56.2 $ 58.5 $ 60.8 Personal Care: 13.0 13.5 14.1 14.6 15.2 15.8 16.4 Heaters/Fans: 18.0 18.7 19.5 20.2 21.1 21.9 22.8 Electric Air Cleaners and Humidifiers: $ 6.0 $ 6.2 $ 6.5 $ 6.8 $ 7.0 $ 7.3 $ 7.6 ----- ----- ----- ----- ----- ------ ------ Total $77.0 $88.4 $92.1 $95.7 $99.5 $103.5 $107.6 ===== ===== ===== ===== ===== ====== ====== Specific purchase orders shall be issued by Kmart from time to time for the Products being purchased ("Specific Purchase Orders"). The Specific Purchase Orders shall be in the form and substance of the form of purchase order annexed hereto as Exhibit C for domestic orders and Exhibit D for import orders, both of which are incorporated herein by this reference ("Purchase Order Forms") and shall govern and control the terms of each purchase by Kmart of Products hereunder; provided, that in the event of a conflict between the terms set forth in a Specific Purchase Order and in this Agreement, the terms set forth in this Agreement shall be determinative of such conflict. Each Specific Purchase Order may be accepted or rejected by Salton, provided that: (i) Salton's failure to provide Kmart with written notice of rejection of any Specific Purchase Order within five (5) days of Kmart's issuance thereof shall constitute Salton's acceptance of such Specific Purchase Order; and (ii) Salton is required to accept all Specific Purchase Orders for which and all such Orders shall automatically qualify as accepted by Salton; 7 7 and (iii) Salton is required to accept all...
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MINIMUM ORDERS; OTHER OBLIGATIONS. 5.1 Minimum Product Orders/Sales and Exclusive Remedy. Subject to Section 5.2 hereof, during the Term of this Agreement, Kmart agrees to place orders for a minimum U.S. dollar amount of Products within each category specified below (each, a "Category") from NewTech [**] (the "Minimum Product Orders") at the purchase prices determined in accordance with Sections 7.1.1 and 7. 1.2 hereof during the periods (each, a "Period," and together, the "Periods") in each case as specified below ($ in millions). All Products ordered prior to the date of this Agreement shall be credited against the Minimum Product Orders for the initial Period of this Agreement.
Sample 1
MINIMUM ORDERS; OTHER OBLIGATIONS. 5.1 During the term of this Agreement AAAA agrees to purchase from NewTech the following minimum amounts: CONTRACT YEAR ENDING MINIMUM PURCHASE AMOUNT -------------------- ----------------------- December 31, 1997 $12,500,000 December 31, 1998 12,500,000 December 31, 1999 16,250,000 December 31, 2000 16,250,000 December 31, 2001 16,250,000 December 31, 2002 16,250,000 December 31, 2003 16,250,000 Specific Purchase Orders shall be issued by AAAA from time to time for the products being purchased. The Specific Purchase Orders should be issued at prices negotiated by AAAA and NewTech and issued at least ninety (90) days prior to the required delivery date and the minimum order quantity for any particular item should be the maximum capacity of a 40' container. NewTech shall use its best effort to fill all Specific Purchase Orders placed by AAAA. For purposes of this Agreement, in the event that AAAA issues a Specific Purchase Order which is accepted by NewTech and NewTech fails through no fault of AAAA to timely deliver conforming products to AAAA, then the Minimum Purchase Amount shall be reduced by the dollar amount set forth in the Specific Purchase Order(s) related thereto. 5.2 In the event that AAAA fails to purchase the Minimum Product Orders specified in Section 5.1 above, the AAAA shall be required to pay NewTech within thirty (30) days following the end of such period, as NewTech's sole and exclusive remedy hereunder and upon receipt of an invoice from NewTech therefor, an amount equal to (i) (A) the Minimum Purchase Amount for such Period less (b) the Actual Purchases during that period multiplied by (ii) two percent (2%). 5.3 AAAA shall have the sole discretion in setting the sales price for the sale of the Products to its customers.
Sample 1

Related to MINIMUM ORDERS; OTHER OBLIGATIONS

  • Payment of Other Obligations Obligations other than Loans, including LC Obligations and Extraordinary Expenses, shall be paid by Borrowers as provided in the Loan Documents or, if no payment date is specified, on demand.

  • Other Obligations Borrower is not in default on any obligation for borrowed money, any purchase money obligation or any other material lease, commitment, contract, instrument or obligation.

  • Further Obligations In all matters relating to the performance of this Agreement, INTECH shall act in conformity with the Trust's Trust Instrument, bylaws and currently effective registration statements under the 1940 Act and the 1933 Act and any amendments or supplements thereto (the "Registration Statements") and with the written policies, procedures and guidelines of the Fund, and written instructions and directions of the Trustees and Janus and shall comply with the requirements of the 1940 Act, the Advisers Act, the rules thereunder, and all other applicable federal and state laws and regulations. Janus agrees to provide to INTECH copies of the Trust's Trust Instrument, bylaws, Registration Statement, written policies, procedures and guidelines and written instructions and directions of the Trustees and Janus, and any amendments or supplements to any of them at, or, if practicable, before the time such materials become effective.

  • Provider’s Obligations 9.1 The Provider shall: 9.1.1 Ensure or procure the Availability of the DER and perform the Flexibility Services in compliance with this Agreement and all Applicable Laws, Statutory Requirements and Good Industry Practice; 9.1.2 own and/or manage the DER during the Term and shall ensure that all technical, communication and data provision requirements set out in Schedule 4 and Schedule 6 are complied with at all times; 9.1.3 provide the Flexibility Services in accordance with all UK health, safety and environment legislation and approved codes of practice; 9.1.4 remedy any defect of the Flexibility Services with Good Industry Practice and to the satisfaction of the Company; 9.1.5 act diligently and in good faith in all of its dealings with the Company; 9.1.6 ensure that it is available at all times on reasonable notice to provide such assistance or information as the Company may reasonably require in connection with the Flexibility Services; 9.1.7 disclose the existence of any agreement or arrangement the Provider may have in respect of the DER that provides Flexibility Services under this Agreement that could reasonably impact Availability of the DER or the ability of the Provider to perform its obligations under this Agreement; 9.1.8 at the request of the Company, make available to the Company information in relation to the metering equipment at the DER, including but not limited to a manufacturers test certificate, single line diagram, and technical information from the manufacturer of the meter, which sets out the typical errors of the meter; 9.1.9 permit and grant (or procure) free and unrestricted rights of access to and over and egress from the Site to the Company and/or its agents or sub-contractors (upon reasonable notice) as the Company may reasonably require in order to inspect and test the DER, or to install, maintain, replace or remove communication equipment belonging to the Company in relation to the provision of flexibility services.

  • No Other Obligations The benefits payable to Executive under this Agreement are not in lieu of any benefits payable under any employee benefit plan, program or arrangement of the Company, except as specifically provided herein, and Executive will receive such benefits or payments, if any, as he may be entitled to receive pursuant to the terms of such plans, programs and arrangements. Except for the obligations of the Company provided by the foregoing and this Section 5, the Company shall have no further obligations to Executive upon his termination of employment.

  • Debt and Other Obligations Borrower’s obligations for the payment of the Debt and the performance of the Other Obligations shall be referred to collectively herein as the “Obligations.”

  • Taxes and Other Obligations Pay all of its taxes, assessments and other obligations, including, but not limited to taxes, costs or other expenses arising out of this transaction, as the same become due and payable, except to the extent the same are being contested in good faith by appropriate proceedings in a diligent manner.

  • Developer Obligations In accordance with applicable NYISO requirements, Developer shall maintain satisfactory operating communications with Connecting Transmission Owner and NYISO. Developer shall provide standard voice line, dedicated voice line and facsimile communications at its Large Generating Facility control room or central dispatch facility through use of either the public telephone system, or a voice communications system that does not rely on the public telephone system. Developer shall also provide the dedicated data circuit(s) necessary to provide Developer data to Connecting Transmission Owner and NYISO as set forth in Appendix D hereto. The data circuit(s) shall extend from the Large Generating Facility to the location(s) specified by Connecting Transmission Owner and NYISO. Any required maintenance of such communications equipment shall be performed by Developer. Operational communications shall be activated and maintained under, but not be limited to, the following events: system paralleling or separation, scheduled and unscheduled shutdowns, equipment clearances, and hourly and daily load data.

  • Service Provider’s Obligations 3.1 The Service Provider shall perform its obligations under this Agreement in a reasonable and timely manner in accordance with the provisions of this Agreement. 3.2 The Service Provider shall provide the Client with such information and advice in connection with the Services and the provision thereof as the Client may, from time to time, reasonably require both before and during the provision of the Services. 3.3 The Service Provider shall use reasonable endeavours to keep the Client informed of any special requirements (including, but not limited to, legislative requirements) applicable to the rendering of the Services. To the extent necessary and appropriate, the Service Provider shall promptly take steps to comply with any such requirements. These steps shall not otherwise alter this Agreement in any way, subject to each Party’s right to request a meeting to review such changes.

  • Payment of Taxes and Other Obligations Pay, discharge or otherwise satisfy at or before maturity or before they become delinquent, as the case may be, subject, where applicable, to specified grace periods, (a) all of its taxes (Federal, state, local and any other taxes) and (b) all of its other obligations and liabilities of whatever nature in accordance with industry practice and (c) any additional costs that are imposed as a result of any failure to so pay, discharge or otherwise satisfy such taxes, obligations and liabilities, except when the amount or validity of any such taxes, obligations and liabilities is currently being contested in good faith by appropriate proceedings and reserves, if applicable, in conformity with GAAP with respect thereto have been provided on the books of the Credit Parties.

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