Minimum Performance Levels. Osiris shall use its commercially reasonable best efforts to Deliver Product to NuVasive at least in the quantities set forth below during the applicable periods (“Minimum Performance Levels”) and shall Deliver any such Product according to Product unit size and brand name specifications established by NuVasive and set forth in each Order. NuVasive shall provide Orders to purchase from Osiris Product in quantities of at least the Minimum Performance Level for the applicable period. Effective Date to April 15, 2009 125,000 April 16, 2009 to eighteen (18) months following the Technology Closing Date (as defined in the Asset Purchase Agreement) 125,000
Minimum Performance Levels. Lessor agrees to use commercially reasonable efforts to achieve the Minimum Performance Levels as set forth in Schedule 4.2 by the Scheduled Commercial Operation Date.
Minimum Performance Levels. The Minimum Performance Levels are as follows:
Minimum Performance Levels. Osiris shall use its commercially reasonable best efforts to Deliver Product to NuVasive at least in the quantities set forth below during the applicable periods (“Minimum Performance Levels”) and shall Deliver any such Product according to Product unit size and brand name specifications established by NuVasive and set forth in each Order. NuVasive shall provide Orders to purchase from Osiris Product in quantities of at least the Minimum Performance Level for the applicable period. July 24, 2008 to December 31, 2008 95,000 January 1, 2009 to April 15, 2009 30,000 April 16, 2009 to eighteen (18) months following the Technology Closing Date (as defined in the Asset Purchase Agreement) 125,000
Minimum Performance Levels. $2,000 per annum for the period beginning on the date an amount first becomes payable under clause 12 of the Original Research Agreement until the end of the Further Term of this Agreement.
Minimum Performance Levels. Notwithstanding anything herein to the contrary, it is a requirement that the Plant achieve the Guaranteed Performance Levels as determined pursuant to Section 11.09(b) no later than one hundred eighty (180) days after the Commercial Operation Date of each Phase. Provided that each phase maintains Minimum Performance Levels, the Contractor shall have the option during the one hundred eighty (180) day period provided above to pay liquidated damages in lieu of Guaranteed Performance Levels as specified in Section 11.05. There are not liquidated damages payable by the Contractor hereunder in lieu of achieving the emissions guarantee and the noise guarantee for the Plant. The Parties agree that the Plant can only be operated in compliance with all Applicable Permits. Notwithstanding anything contained herein to the contrary, in the event that a phase has achieved Commercial Operation and prior to Final Acceptance, such phase is not capable of being operated in accordance with all the Plant's operating procedures and all applicable permits and the other requirements of this Agreement, and all operating conditions specified in the Scope of Work, Contractor shall be in default of this Agreement.
Minimum Performance Levels. Provider shall meet the following minimum performance levels:
1. City Planner in place no more than 60 days after this Agreement is executed.
2. City Planner or delegate will attend 100% of scheduled trainings.
3. City Planner or delegate will attend 100% of scheduled Planner meetings.
4. City Planner to deliver at least two presentations to the St. Petersburg City Council. The first by December 31, 2018 and the second by December 31, 2019.
5. Develop and submit to DOH-Pinellas for review a minimum of one HIA by June 2019.
6. HiAP project information incorporated to the City of St. Petersburg website within 60 days after this Agreement is executed.
7. Year 1 end progress report submitted by December 31,2018. Year 2 end progress report submitted by December 31, 2019.
Minimum Performance Levels. Distributor agrees to purchase the number of units of Products per calendar year during the term of this Agreement that is set forth on Exhibit C; provided, however, that such minimum performance levels shall be appropriately adjusted by Supplier and Distributor if: (i) one or more events of force majeure affect Distributor’s ability to meet such levels; (ii) Supplier is unable or refuses to sell Products to Distributor when Distributor orders them; (iii) Products are deleted from this Agreement, (iv) Product registrations are delayed or denied by local governing agencies through no fault of Distributor, (v) Supplier is unable or refuses to supply reasonable data or information to comply with local governing agencies, (vi) approval for Product reimbursement is delayed or denied by local governing agencies, or (vii) Product reimbursement levels established by government regulatory authorities in the Territory do not allow Distributor to realize a minimum gross profit (defined as revenues from sales of Products less Product costs, as well as taxes and shipping expenses incurred in connection therewith) of forty (40) percent based on existing Supplier pricing. After the years listed in Exhibit C, Distributor and Supplier shall agree on the minimum performance level for each country for each calendar year. If Distributor and Supplier do not agree on acceptable minimum performance levels for any given year or country in the Territory prior to the commencement of such year, Supplier shall have the right to terminate Distributor’s distribution rights hereunder for any country where the parties do not agree to minimum performance levels; provided, however, the percentage increase in minimum performance levels for any year or country in the Territory will not be greater than seven (7) percent over the previous year’s minimum performance level unless mutually agreed upon. All other rights, terms and conditions in the Agreement for the remaining parts of the Territory would survive the termination of any country.
Minimum Performance Levels. SST shall use reasonable efforts to -------------------------- maximize Product sales in the Territory. During each year, SST shall meet the minimum performance requirements set for in Exhibit E hereto (collectively, "Minimum Performance Requirements"). If SST does not meet the Minimum Performance Requirements during the second and third years of the Initial Term (as defined in Section 14.1 below), or does not meet at least [*] of the Minimum Performance Requirement during the first year of the Initial Term, FMT shall have the right, at its option, to terminate this Agreement for cause pursuant to Section 14.3 hereof. If during the first year of the Initial Term SST does not meet the Minimum Performance Requirement, but does meet at least [*] of the Minimum Performance Requirement, then SST shall [*]; provided however, that if SST does not make up the difference [*], FMT shall have the right, at its option, to terminate this Agreement for cause pursuant to Section 14.3 hereof. FMT shall exercise this right by providing [*] written notice to SST. In such event, SST's rights under this Agreement with respect to the Products shall convert to non-exclusive during the [*] notice period. It is understood and agreed that notwithstanding any other provision of this Agreement, FMT shall be under no obligation to continue the production of any Products.
Minimum Performance Levels. Distributor agrees to purchase the number of units of Products per calendar year during the term of this Agreement (beginning with the first date of promoted sales of Products by Distributor in the Territory) as agreed between the parties; provided, however, that such minimum performance levels shall be appropriately adjusted by Supplier and Distributor if: (i) one or more events of force majeure affect Distributor’s ability to meet such, levels; (ii) Supplier is unable or refuses to sell Products to Distributor when Distributor orders them; (iii) Products are deleted from this Agreement, (iv) Product registrations are delayed or denied by local governing agencies through no fault of Distributor, (v) Supplier is unable or refuses to supply reasonable data or information to comply with local governing agencies, (vi) approval for Product reimbursement is delayed or denied by local governing agencies, or (vii) Product reimbursement levels established by government regulatory authorities in the Territory do not allow Distributor to realize a minimum gross profit (defined as revenues from sales of Products less Product costs, as well as taxes and shipping expenses incurred in connection therewith) of
