Common use of Minimum Performance Clause in Contracts

Minimum Performance. The Licensee hereby acknowledges that the grant of this license is a valuable property right and is granted by the Licensor on condition, among others contained in this Agreement, that the Licensee shall meet minimum annual sales quotas of AK Units. All sales made by the Licensee in the Country shall be included in establishing the minimum sales. Said minimum annual sales quotas, and the procedure for establishing said quotas, are contained in Schedule B, annexed hereto and made a part hereof. This Annex should reflect that the sales quotas are cumulative (i.e., overages in Y1 can be applied to Y2). The parties acknowledge that failure of the Licensee to meet cumulative sales quotas (other than failures resulting from Licensor’s inability to fill purchase orders from Licensee) in any calendar year shall be a material breach of this Agreement and the Licensor, at its option, may terminate this Agreement on sixty (60) days written notice pursuant to the provisions of Paragraph Termination For Cause below, provided however, that within said sixty (60) days the Licensee, at its option, may cure the default by purchasing in bulk the number of Units lacking to meet minimum performance hereunder. Any Units purchased to cure such default shall be deemed to have been purchased solely for the calendar year for which the default is cured. The Licensor’s sole remedy for the Licensee’s nonperformance of the provisions of this Paragraph shall be termination of this License Agreement pursuant to the provisions of Paragraph Termination For Cause.

Minimum Performance. The Licensee hereby acknowledges that the grant of this license is a valuable property right and is granted by the Licensor on condition, among others contained in this Agreement, that the Licensee shall meet minimum annual sales quotas of AK Units. All sales made by the Licensee in the Country continental United States shall be included in establishing the minimum sales. Said minimum annual sales quotas, and the procedure for establishing said quotas, are contained in Schedule B, annexed hereto and made a part hereof. This Annex should reflect that the sales quotas are cumulative (i.e., overages in Y1 can be applied to Y2). The parties acknowledge that failure of the Licensee to meet cumulative sales quotas (other than failures resulting from Licensor’s inability to fill purchase orders from Licensee) in any calendar year shall be a material breach of this Agreement and the Licensor, at its option, may terminate this Agreement on sixty (60) days written notice pursuant to the provisions of Paragraph Termination For Cause 17 below, provided however, that within said sixty (60) days the Licensee, at its option, may cure the default by purchasing in bulk the number of Units lacking to meet minimum performance hereunder. Any Units purchased to cure such default shall be deemed to have been purchased solely for the calendar year for which the default is cured. The Licensor’s sole remedy for the Licensee’s nonperformance of the provisions of this Paragraph shall be termination of this License Agreement pursuant to the provisions of Paragraph Termination For Cause17 below.

Minimum Performance. The Licensee hereby acknowledges that the grant of this license is a valuable property right and is granted by the Licensor on condition, among others contained in this Agreement, that the Licensee shall meet minimum annual sales quotas of AK Units. All sales made by the Licensee in the Country Country1 shall be included in establishing the minimum sales. Said minimum annual sales quotas, and the procedure for establishing said quotas, are contained in Schedule B, annexed hereto and made a part hereof. This Annex should reflect that the sales quotas are cumulative (i.e., overages in Y1 can be applied to Y2). The parties acknowledge that failure of the Licensee to meet cumulative sales quotas (other than failures resulting from Licensor’s inability to fill purchase orders from Licensee) in any calendar year shall be a material breach of this Agreement and the Licensor, at its option, may terminate this Agreement on sixty (60) days written notice pursuant to the provisions of Paragraph Termination For Cause below, provided however, that within said sixty (60) days the Licensee, at its option, may cure the default by purchasing in bulk the number of Units lacking to meet minimum performance hereunder. Any Units purchased to cure such default shall be deemed to have been purchased solely for the calendar year for which the default is cured. The Licensor’s sole remedy for the Licensee’s nonperformance of the provisions of this Paragraph shall be termination of this License Agreement pursuant to the provisions of Paragraph Termination For Cause.

Minimum Performance. The Licensee hereby acknowledges that the grant of this license is a valuable property right and is granted by the Licensor on condition, among others contained in this Agreement, that the Licensee shall meet minimum annual sales quotas of AK Units. All sales made by the Licensee in the Country Alberta, Canada shall be included in establishing the minimum sales. Said minimum annual sales quotas, and the procedure for establishing said quotas, are contained in Schedule B, annexed hereto and made a part hereof. This Annex should reflect that the sales quotas are cumulative (i.e., overages in Y1 can be applied to Y2). The parties acknowledge that failure of the Licensee to meet cumulative sales quotas (other than failures resulting from Licensor’s inability to fill purchase orders from Licensee) in any calendar year shall be a material breach of this Agreement and the Licensor, at its option, may terminate this Agreement on sixty (60) days written notice pursuant to the provisions of Paragraph Termination For Cause below, provided however, that within said sixty (60) days the Licensee, at its option, may cure the default by purchasing in bulk the number of Units lacking to meet minimum performance hereunder. Any Units purchased to cure such default shall be deemed to have been purchased solely for the calendar year for which the default is cured. The Licensor’s sole remedy for the Licensee’s nonperformance of the provisions of this Paragraph shall be termination of this License Agreement pursuant to the provisions of Paragraph Termination For Cause.