MINIMUM SALES GOALS. Dealer will be required to achieve certain minimum sales goals in its Area of Prime Responsibility as indicated on the attached Exhibit A ("Minimum Sales Goals"). The Minimum Sales Goals shall be established by Mita based upon its evaluation of the sales potential of the Dealer, taking into consideration the size and population surrounding Dealer's location(s), Dealer's previous sales record, estimated total prior sales of facsimile equipment and Products in Dealer's Area of Prime Responsibility, and other economic and market factors considered pertinent by Mita. Mita shall review the sales performance of Dealer periodically as the need arises. Mita will consult with Dealer regarding all goals established by Mita under this Agreement, by Mita shall have final authority in setting the Minimum Sales Goals. Mita will notify Dealer in writing of any changes in Dealer's Minimum Sales Goals.
MINIMUM SALES GOALS. Between the 21st month following the Effective Date and the end of the second Contract Year, Sulzer and Tutogen shall agree to minimum annual goals for sales (measured by units of Product) for the Products by Sub-Territory (the “Minimum Sales Goals”) for the third, fourth, and fifth Contract Years. The Minimum Sales Goals shall be recorded on Schedule B. The parties acknowledge that sales of the Products in any particular Sub-Territory is a function of many factors, some of which are beyond the control of Sulzer. Accordingly, the parties’ intent in establishing Minimum Sales Goals is to insure that Sulzer uses reasonable efforts to promote the sale of the Products in a particular Sub-Territory and not to guarantee Tutogen a minimum income.
3.4.1 In the three-month period preceding the end of the fifth Contract Year, and every three years thereafter during the term of this Agreement (such three-month period being the “Minimums Negotiation Period”), the parties shall agree on Minimum Sales Goals of the Products by Territory for three consecutive years.
3.4.2 For each Territory in which a Product is first approved for commercial sale subsequent to the Effective Date, the parties shall establish initial Minimum Sales Goals within two years after the date of Product approval, from that date through the next Minimums Negotiation Period, with subsequent Minimum Sales Goals for the Product thereafter established during the Minimums Negotiation Period as provided by the procedure first set forth herein.
3.4.3 If the parties have not reached agreement on the Minimum Sales Goals in a particular Sub-Territory for a particular year within a time frame specified herein, the parties shall resolve the matter by binding arbitration as provided in Section 9.9 of this Agreement.
MINIMUM SALES GOALS. Dealer will be required to achieve certain minimum sales goals in its Area of Prime Responsibility as indicated on the attached Exhibit A ("Minimum Sales Goals"). The Minimum Sales Goals shall be established by Mita based upon its evaluation of the sales potential of the Dealer, taking into consideration the size and population surrounding Dealer's location(s), Dealer's previous sales record, estimated total prior sales of office equipment and Products in Dealer's Area of Prime Responsibility, and other economic and market factors considered pertinent by Mita. Mita shall review the sales performance of Dealer periodically as the need arises and Dealer shall provide to Mita such records as Mita believes are necessary to verify the Products sold and places of sale. Mita will consult with Dealer regarding all goals established by Mita under this Agreement, but Mita shall have final authority in setting the Minimum Sales Goals. Mita will notify Dealer in writing of any changes in Dealer's Minimum Sales Goals. If Dealer has multiple locations, or a single location which covers a large area, Mita may assign more than one Area of Prime Responsibility and Minimum Sales Goals for each Area. If Dealer fails to meet its Minimum Sales Goals for any Area of Prime Responsibility, Mita may cancel the Dealer's authorization for IDI Equipment for the Area where Dealer has failed to obtain its Minumum Sales Goals.
MINIMUM SALES GOALS. The JV shall use its best efforts to meet the following minimum sales goals (the "Minimum Sales Goals") with respect to the purchase of CEP Plants from MMT: From date of Agreement to December 31, 1997 At least one CEP Plant (demonstration plant) From January 1, 1998 to December 31, 1998 At least one CEP Plant From January 1, 1999 to December 31, 1999 At least two CEP Plants From January 1, 2000 to December 31, 2000 At least two CEP Plants From January 1, 2001 to December 31, 2001 At least three CEP Plants Each subsequent year At least four CEP Plants The purchase of a CEP Plant shall be evidenced by the execution of binding contracts between Nichimen, NKP or other contractor of the JV and a customer for the purchase of such CEP Plant, on the one hand, and between the JV and MMT for the design and construction of such CEP Plant, on the other hand. *
MINIMUM SALES GOALS. Wilsxx xxx terminate this Agreement if Licensee fails to meet its annual minimum sales goal in any given Contract Year. For purposes of this Agreement, the annual minimum sales goal is the Net Sales figure for a Contract Year necessary to generate the Guaranteed Royalty for that Contract Year when applying the Percentage Royalty rate set forth in the Supplement.
MINIMUM SALES GOALS. The Parties agree to the minimum sales goals outlined in Exhibit C hereto. If Company fails to meet minimum sales goals in any such Contract Year, exclusivity granted to Company pursuant to Section 4 shall cease automatically and in advance of written notice; however, all other terms of the Agreement will continue in full force and effect.
MINIMUM SALES GOALS. Dealer will be required to achieve certain minimum sales goals as indicated on the attached Exhibit A ("Minimum Sales Goals"
