MINIMUM USAGE COMMITMENT Sample Clauses

MINIMUM USAGE COMMITMENT. Subject to the provisions of Section 7.4 below and to Akamai's satisfactory performance of its obligations under this Agreement: 7.3.1 Commencing on April 1, 1999 and continuing through July 31, 1999, Apple agrees to commit to purchase FreeFlow Services at a rate of a minimum of [**] per month usage of the Akamai Network, measured based on Akamai's [**] convention, or [**] per month. 7.3.2 Commencing on August 1, 1999 and continuing through July 31, 2000 provided that the Linux port is completed pursuant to section 3.3 Apple agrees to commit to purchase an aggregate minimum of $12 million of FreeFlow Services. Akamai/Apple Proprietary and Confidential 7.3.3 Apple's commitments under this Section 7.3 are cumulative, and any Apple Content, whether relating to QT-TV or otherwise, originated by Apple and distributed through the Akamai Network will be deemed used by Apple for purposes of such commitment. For avoidance of doubt, any FreeFlow Services used by Apple in any one month in excess of its committed minimum for such month may be credited to prior months (to the extent there exists a prior month where Apple did not meet the minimum) or future months, in Apple's sole discretion. Moreover, in the event that a third party company who provides content to QT-TV elects to provide for its own distribution through Akamai, Apple will receive a credit in the amount of the total monthly fees of said third party paid to Akamai toward Apple's minimum fees, or other additional monthly fees due for the corresponding month. If Apple, at and as of July 31, 2000, has not paid Akamai fees equal to at least $12.360 million in the aggregate, then Apple shall pay to Akamai the difference between $12.360 million and the fee amounts actually paid by Apple. 7.3.4 In the event that Akamai gives Apple notice of Akamai's intent to terminate this Agreement under Section 10.4, or if the provisions of Section 1.2.3 apply, the minimum purchase obligations of Apple under this Section 7.3 will immediately cease in effect.
Sample 1
AutoNDA by SimpleDocs
MINIMUM USAGE COMMITMENT. Minimum Monthly Months Usage Commitment ------ ---------------- [*] [*] [*] [*] [*] [*] [*] [*]
Sample 1
MINIMUM USAGE COMMITMENT. Throughout the Term of this Agreement (as may be extended), on the terms and conditions provided for herein, CV shall make available to USOPC, and USOPC shall use commercially reasonable efforts to make use of (herein, the "Minimum Usage Commitment") (either by directly arranging for such use or facilitating such arrangements by USOC's recognized National Governing Bodies, including Paralympic governing bodies historically referred to as High- Performance Management Organizations (collectively, "NGBs")) by "qualified" elite athletes, coaches and trainers (which for purposes hereof, shall mean any athletes, coaches and/or trainers that USOPC selects or identifies from time to time as "elite" in USOPC’s discretion), the applicable amounts of “full access" described in Exhibit C attached hereto, the operations plan attached hereto as Exhibit E (the "Operations Plan"), and Exhibit F attached hereto to (i) the housing complex at the CVTC identified as "Athlete Housing" on the site plan attached hereto as Exhibit A-2, (ii) the CVTC "Core" facilities and services listed on Exhibit B attached hereto, and/or (iii) the corresponding "specialized" facilities and services necessary to support related sports disciplines listed on Exhibit B attached hereto. The following matters pertaining to USOC's Minimum Usage Commitment are set forth, in and shall be governed by, in Exhibit C attached hereto, the Operations Plan and Exhibit F attached hereto: (A) the process for reservation of beds; (B) the negotiated amount and definition of “full access" to beds, Facilities and services; (C) the definition of “qualified" elite athletes/trainers; (D) terms for USOPC assignment of such resident/access rights; (E) terms for USOPC acquisition of Facility usage above and beyond the Minimum Usage Commitment; and (F) a process for the reallocation by CV of unused facilities and services (which may include relief to USOPC against the Minimum Usage Commitment). USOPC shall, during the term, track and calculate USOPC’s usage for purposes of determining as and when the Minimum Usage Commitment for each year during the Term has been exhausted and shall deliver to CV a quarterly written report showing USOPC’s calculation of usage for the year in question and the amount of the Minimum Usage Commitment remaining, if any, for the year in question.
Sample 1

Related to MINIMUM USAGE COMMITMENT

  • Minimum Commitment If for a certain Service a minimum commitment has been determined in the Agreement, the Customer guarantees to respect the minimum commitment described in the Agreement during the entire period of the Agreement. If the Customer does not respect this minimum commitment, the Customer shall pay the compensation mentioned in the Agreement. If no compensation has been mentioned in the Agreement, the Customer has to pay the applicable Charges for the respective Service, or the average of the applicable Charges if different Charges are applied for the respective Service, per missing number of its minimum commitment. Services that are timely cancelled by the Customer or Services for which the Customer has paid a cancellation fee , do not, even not partly, release the Customer from its obligation to respect the minimum commitment . Services cancelled as due to Force Majeure and Services cancelled by Lineas for other reasons than Force Majeure, will be considered as a Services ordered and paid for by the Customer. Services cancelled by the Customer or by Lineas because of holidays do not, even not partly, release the Customer from its obligation to respect its minimum commitment.

  • Time Commitment The Advisor shall, and shall cause its Affiliates and their respective employees, officers and agents to, devote to the Company such time as shall be reasonably necessary to conduct the business and affairs of the Company in an appropriate manner consistent with the terms of this Agreement. The Company acknowledges that the Advisor and its Affiliates and their respective employees, officers and agents may also engage in activities unrelated to the Company and may provide services to Persons other than the Company or any of its Affiliates.

  • Maximum Commitment The maximum aggregate amount payable by NYSERDA to the Contractor shall be the amount appearing at Item 5 of page one of this Agreement. NYSERDA shall not be liable for any costs or expenses in excess of such amount incurred by the Contractor in the performance and completion of the Work.

  • Revolving Commitment Subject to the terms and conditions hereof and in reliance upon the representations and warranties set forth herein, each Lender severally agrees to make available to the Borrower such Lender's Revolving Commitment Percentage of revolving credit loans requested by the Borrower in Dollars ("REVOLVING LOANS") from time to time from the Closing Date until the Maturity Date, or such earlier date as the Revolving Commitments shall have been terminated as provided herein; PROVIDED, HOWEVER, that the sum of the aggregate outstanding principal amount of Revolving Loans shall not exceed ONE HUNDRED MILLION DOLLARS ($100,000,000) (as such aggregate maximum amount may be reduced from time to time as provided in Section 3.4, the "REVOLVING COMMITTED AMOUNT"); PROVIDED, FURTHER, (A) with regard to each Lender individually, such Lender's outstanding Revolving Loans shall not exceed such Lender's Revolving Commitment Percentage of the Revolving Committed Amount, and (B) the sum of the aggregate outstanding principal amount of Revolving Loans PLUS LOC Obligations PLUS Swingline Loans shall not exceed the Revolving Committed Amount. The initial advance of the Revolving Loans on the Closing Date shall consist solely of Base Rate Loans. Thereafter, Revolving Loans may consist of Base Rate Loans or Eurodollar Loans, or a combination thereof, as the Borrower may request; PROVIDED, HOWEVER, that no more than 15 Eurodollar Loans shall be outstanding hereunder at any time (it being understood that, for purposes hereof, Eurodollar Loans with different Interest Periods shall be considered as separate Eurodollar Loans, even if they begin on the same date, although borrowings, extensions and conversions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new Eurodollar Loan with a single Interest Period). Revolving Loans hereunder may be repaid and reborrowed in accordance with the provisions hereof.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • Total Commitment The sum of the Commitments of the Banks, as in effect from time to time.

  • Part-Time Commitment The Hospital shall not refuse to accept an offer from an employee to make a written commitment to be available for work on a regular predetermined basis solely for the purpose of utilizing casual employees so as to restrict the numbers of regular part-time employees.

  • Revolving Committed Amount If at any time after the Closing Date, the sum of the aggregate principal amount of outstanding Revolving Loans plus outstanding Swingline Loans plus outstanding LOC Obligations shall exceed the Revolving Committed Amount, the Borrower shall immediately prepay the Revolving Loans and Swingline Loans and (after all Revolving Loans and Swingline Loans have been repaid) Cash Collateralize the LOC Obligations in an amount sufficient to eliminate such excess (such prepayment to be applied as set forth in clause (vii) below).

  • L/C Commitment (a) Subject to the terms and conditions hereof, the Issuing Lender, in reliance on the agreements of the other Lenders set forth in Section 3.4(a), agrees to issue letters of credit (“Letters of Credit”) for the account of the Borrower on any Business Day during the Revolving Commitment Period in such form as may be approved from time to time by the Issuing Lender; provided that the Issuing Lender shall have no obligation to issue any Letter of Credit if, after giving effect to such issuance, (i) the L/C Obligations would exceed the L/C Commitment or (ii) the aggregate amount of the Available Revolving Commitments would be less than zero. Each Letter of Credit shall (i) be denominated in Dollars and (ii) expire no later than the earlier of (x) the first anniversary of its date of issuance and (y) the date that is five (5) Business Days prior to the Revolving Termination Date, provided that any Letter of Credit with a one-year term may provide for the renewal thereof for additional one-year periods (which shall in no event extend beyond the date referred to in clause (y) above). (b) The Issuing Lender shall not at any time be obligated to issue any Letter of Credit if (i) such issuance would conflict with, or cause the Issuing Lender or any L/C Participant to exceed any limits imposed by, any applicable Requirement of Law or (ii) any Lender is at that time a Defaulting Lender, unless the Issuing Lender has entered into arrangements, including the delivery of Cash Collateral, satisfactory to the Issuing Lender (in its sole discretion) with the Borrower or such Lender to eliminate the Issuing Lender’s actual or potential Fronting Exposure (after giving effect to Section 2.23(a)(iv)) with respect to the Defaulting Lender arising from either the Letter of Credit then proposed to be issued or that Letter of Credit and all other L/C Obligations as to which the Issuing Lender has actual or potential Fronting Exposure, as it may elect in its sole discretion.

  • The Commitment Subject to the terms and conditions of this Agreement, Lender agrees to make term loans to Borrower from time to time from the Closing Date and to, but not including, the Termination Date in an aggregate principal amount not exceeding the Commitment. The Commitment is not a revolving credit commitment, and Borrower does not have the right to repay and reborrow hereunder. Each Loan requested by Borrower to be made on a single Business Day shall be for a minimum principal amount set forth in the Supplement, except to the extent the remaining Commitment is a lesser amount.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!