Common use of Minimum Performance Clause in Contracts

Minimum Performance. 1.1 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 the Agreement, that the Licensee shall meet minimum annual sales quotas of AK Units. All sales made by the Licensee in shall be included in establishing the minimum sales. Said minimum annual sales quotas, and the procedure for establishing said quotas, are contained in and made a part hereof. The parties acknowledge that failure of the Licensee to meet sales quotas 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, provided however, that within said sixty (60) days the Licensee, at is 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.

Appears in 2 contracts

Samples: Exclusive International Manufacturing and Trademark License Agreement, Import Technical License and Trademark License Agreement

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Minimum Performance. 1.1 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 the Agreement, that the Licensee shall meet minimum annual sales quotas of AK Units. All sales made by the Licensee in COUNTRY shall be included in establishing the minimum sales. Said minimum annual sales quotas, and the procedure for establishing said quotas, are contained in and made a part hereof. The parties acknowledge that failure of the Licensee to meet sales quotas 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, provided however, that within said sixty (60) days the Licensee, at is 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.

Appears in 1 contract

Samples: International Non Exclusive License Agreement

Minimum Performance. 1.1 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 the Agreement, that the Licensee shall meet minimum annual sales quotas of AK Units. All sales made by the Licensee in ____COUNTRY_____ shall be included in establishing the minimum sales. Said minimum annual sales quotas, and the procedure for establishing said quotas, are contained in and made a part hereof. The parties acknowledge that failure of the Licensee to meet sales quotas 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, provided however, that within said sixty (60) days the Licensee, at is 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.

Appears in 1 contract

Samples: International Non Exclusive License Agreement

Minimum Performance. 1.1 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 the Agreement, that the Licensee shall meet minimum annual sales quotas of AK Units. All sales made by the Licensee in ____________________________________ shall be included in establishing the minimum sales. Said minimum annual sales quotas, and the procedure for establishing said quotas, are contained in and made a part hereof. The parties acknowledge that failure of the Licensee to meet sales quotas 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, provided however, that within said sixty (60) days the Licensee, at is 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.

Appears in 1 contract

Samples: Import Technical License and Trademark License Agreement

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Minimum Performance. 1.1 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 the Agreement, that the Licensee shall meet minimum annual sales quotas of AK Units. All sales made by the Licensee in shall Your Countryshall be included in establishing the minimum sales. Said minimum annual sales quotas, and the procedure for establishing said quotas, are contained in and made a part hereof. The parties acknowledge that failure of the Licensee to meet sales quotas 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, provided however, that within said sixty (60) days the Licensee, at is 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.

Appears in 1 contract

Samples: International Non Exclusive License Agreement

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