Minimum Purchase Obligation. Distributor shall target to purchase sufficient quantities (as attached in Schedule 4) of Goods to meet the minimum agreed targets throughout the life of this Agreement and as specified in Schedule 1 (“Minimum Target Obligation”). SBA may monitor progress towards the purchase obligation as deemed necessary in accordance with the audit procedures set out in Section 15. If Distributor fails to achieve the Minimum Purchase Obligation, SBA may enter a consultation period with Distributor to improve the situation, and if no improvement is evidenced within a period of one year then SBA will have the right to either:
Minimum Purchase Obligation. During the Term of this Agreement Licensee hereby undertakes to purchase from WWI Licensed Products the aggregate value of which is not less than US$3,000,000 (Three Million United States Dollars) (the "GUARANTEED AMOUNT"). Within sixty (60) days of the Commencement Date, Licensee shall provide WWI with a projected breakout by quarter of the distribution of purchases for the Term.
Minimum Purchase Obligation. Beginning on the Patent Filing Date, Clariant and/or its Affiliates shall use commercially reasonably efforts to purchase the Minimum Volumes set forth on Exhibit A from Elevance for the corresponding period from the Patent Filing Date specified on Exhibit A and Elevance shall use commercially reasonable efforts to supply such Minimum Volumes. No later than [***], the Parties shall meet through their respective Executive Team members to discuss and agree upon the Minimum Volumes to be in effect after [***]. In determining the Minimum Volume commitment for periods after [***], the Parties shall assess and consider the market acceptance for Elevance Products and/or Clariant Products in the Field, with an anticipated target for Clariant to achieve a significant market share within the Field by the third anniversary of the Patent Filing Date.
Minimum Purchase Obligation. The Distributor agrees to purchase from Lucid minimum agreed quantity of product in the first, second and third years of the Agreement, excluding demonstration product. These quantities to be agreed by both parties in the initial detailed sales plan noted in clause 9D and amended with further agreement in subsequent annual sales plans
Minimum Purchase Obligation. CareDx shall purchase at least the following amounts of Supplied Products for each Contract Year listed in the table below, subject to the following:
Minimum Purchase Obligation. Licensee guarantees, subject to LMI’s ability to supply, a minimum purchase of Sestamibi Products as set forth in this Section.
Minimum Purchase Obligation. Cardinal guarantees, subject to Supplier’s ability to supply, a minimum purchase of Generator curies as set forth in this Section.
Minimum Purchase Obligation. During the Term of this Agreement BIOMEDICA commits to purchase or otherwise pay MIP certain guaranteed monthly minimum amounts. Such guaranteed monthly minimum amounts shall commence at the beginning of Q3 2010 and continue through Q4 2013 inclusive. The cumulative guaranteed monthly minimum amount due in any given quarter shall define a target guaranteed quarterly minimum amount for calculating any underachievement adjustment or overachievement adjustment to be received by BIOMEDICA in an immediately subsequent quarter under the conditions set forth in 3.1.1 and 3.1.2.
Minimum Purchase Obligation. Throughout the Term, Isologic guarantees to purchase from LMIC at least the following quantities of Products (each of clauses (a) through (e) individually, a Product’s applicable “Minimum Purchase Requirement” and, collectively, the “Minimum Purchase Requirements”):
Minimum Purchase Obligation. Subject to section 4.4, commencing with the first full month after completion of the Facility (as notified by Nordion to Molecular Insight Pharmaceuticals pursuant to section 4.1), Molecular Insight Pharmaceuticals shall, during the remainder of the Term, purchase or otherwise pay Nordion for a minimum of two (2) Batches of Azedra per calendar month. In the event the minimum purchase obligations described in this section 4.3 are not met by Molecular Insight Pharmaceuticals, as averaged over a rolling two (2) month period, Nordion may without liability, in addition to any other remedy available, at its sole option and unfettered discretion, suspend Manufacture of Azedra until full payment is made by Molecular Insight Pharmaceuticals (during which period the minimum purchase commitment shall continue to accrue), or notwithstanding any other remedial or cure provision contained in this Agreement, terminate this Agreement upon ten (10) days prior written notice. The provisions of section 4.5 shall apply to cancellation of a Batch (and additional vials) however section 4.5 shall in no way limit Molecular Insight Pharmaceuticals’ minimum purchase commitment under this Agreement and any cancellation fee due and payable in a given month (and paid) shall be applied against amounts owing by Molecular Insight Pharmaceuticals with respect to its minimum purchase commitment in such month. In the event that Nordion elects to suspend Manufacture of Azedra due to Molecular Insight Pharmaceuticals failure to meet its minimum purchase obligation pursuant to this Section 4.3 and Molecular Insight Pharmaceuticals subsequently cures such failure, Nordion agrees to resume Manufacture of Azedra within fifteen (15) business days of such cure.
