MINIMUM SALES VOLUMES Sample Clauses
The Minimum Sales Volumes clause sets a required threshold for the quantity of goods or services that must be sold within a specified period under a contract. Typically, this clause obligates the buyer or distributor to achieve certain sales targets, and failure to meet these targets may trigger consequences such as loss of exclusivity, renegotiation, or even termination of the agreement. Its core practical function is to ensure that the seller’s products receive adequate market exposure and sales effort, thereby protecting the seller from underperformance by the buyer or distributor.
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MINIMUM SALES VOLUMES. Notwithstanding AKC's obligation to maximize the distribution and sales of the Products in the USA, during the term of this agreement, the targeted annual purchases by AKC from Toppers, and the minimum number of Kiosk units to be sold annually have been agreed to by both parties and set forth below for the first three years of the agreement:
MINIMUM SALES VOLUMES. The minimums that shall apply during each Renewal Term shall be determined as follows:
(i) For the first year of any Renewal Term, such minimums (adjusted by region, if applicable) shall be the greater of: (A) the minimum in effect for each such region during the preceding fiscal year of the Agreement, adjusted under the annual rate of inflation provision to the current fiscal year, or (B) ninety percent (90%) of the trailing three fiscal years actual number achieved by BISYS (segmented by Region, if applicable).
(ii) For each subsequent year of the Renewal Term, the volumes by Region determined under clause (i) above, adjusted under the annual rate of inflation provision. SCHEDULE 6 (g)- REFERRAL FORM DATE: __________________________ REFERRAL OPPORTUNITY: Institution Name:_______________________________________ Contact Name: _______________________________________ Title: _______________________________________ Contact Phone # :_______________________________________ Contact email: _______________________________________ City/State: _______________________________________ Asset Size: _______________________________________ REFERRAL FROM: Name: _______________________________________ Position/Title: ____________________________ Telephone: ____________________________ Email: ____________________________ QUALIFYING INFORMATION: Why interest in Total CS?_________________________ Who they currently use for core if applicable?: ________________________ When the existing core contract expires?________________________ Motive for replacement?:________________________________________________ Where the institution is in their decision making process?______________________
MINIMUM SALES VOLUMES. If LICENSEE’S Net Sales in the Territory do not reach the following dollar volume levels for each Year of the Licensed Term (hereinafter “Minimum Sales Volumes”), then LICENSOR shall have the right, but not the obligation, to terminate this Agreement: The Minimum Sales Volume shall be the greater of those figures established below or 75% of the average of the actual sales for the preceding two years. Year One: (2003) $ 500,000 Year Two: (2004) $ 625,000 Year Three: (2005) $ 780,000 Year Four: (2006) $ 975,000 Year Five: (2007) $ 1,218,750 Option Terms Year Six: (2008) $ 1,525,000 Year Seven: (2009) $ 1,906,250 Notwithstanding the preceding, LICENSEE may avoid termination of this Agreement for failure to meet the Minimum Sales Volumes in a given Year by paying the GMTR due for that Year as defined below in Sections 4.2 and 4.3.
MINIMUM SALES VOLUMES. For Contract Years beyond the Initial Term, during each Contract Year after the Initial Term, Licensee must meet the following minimum sales volume (“Minimum Sales Volume”) of the Licensed Products using the Trademark: Contract Year Minimum Sales Volume (In Units) 2017 [**] Units 2018 (if any) [**] Units or the actual sales volume (whichever is greater) plus the percent growth of sales in the chocolate milk category for the current year over such sales for Contract Year 2017 (per IRI or similar data) Subsequent Contract Years (if any) Previous Contract Year Minimum Sales Volume or actual sales volume plus the percent growth of sales in the chocolate milk category for such Contract Year over the immediately preceding Contract Year (per IRI or similar data) For the purposes of determining whether the Minimum Sales Volumes have been met for a Contract Year, the parties agree that they will, on September 30, 2017 and each September 30 thereafter, review the previous twelve (12) month period performance against IRI data with respect to Minimum Sales Volumes or the minimum Unit Volumes for Calendar Year 2017 to determine whether the Agreement will be extended by an additional one (1) year. For example, if on September 30, 2018, the percent sales growth for the chocolate milk category (“Category Growth Target”) for the period from October 1, 2017 through September 30, 2018 is equivalent to the actual sales growth for the Licensed Products, then the Agreement shall be extended for an additional year, to expire December 31, 2019, Notwithstanding anything to the contrary contained in this Agreement, in the event that a determination made on any September 30 indicates that Licensee has failed to meet the Category Growth Target, Licensee may have the option to cure such failure to meet the Category Growth Target by reviewing the previous twelve month performance at any date between September 30 and December 31 in the period during which the Category Growth Target was not met. For purposes of this Agreement, a “Contract Year” shall be each twelve (12) month period commencing January 1 and ending each December 31 during the Initial Term and Extended Term, if any. The definition of “Unit” as used in this Agreement shall mean each 237 ml tetra prisma package containing Licensed Product.