Minimum Volume. If by the end of the first *** term MetroPCS has not generated voice service MOUs in any *** greater than or equal to *** of the engineered capacity of the system during the peak usage period on the most heavily utilized cell site, then the arrangement shall be converted for the following *** to a take or pay arrangement where MetroPCS pays for *** of the engineered peak usage capacity regardless of its actual traffic volumes. If by the end of the second *** term MetroPCS has not generated voice service MOUs in any *** greater than or equal to *** of the engineered capacity of the system during the peak usage period on the most heavily utilized cell site, then the arrangement shall be converted for the following *** to a take or pay arrangement where MetroPCS pays for *** of the engineered peak usage capacity regardless of its actual traffic volumes If by the end of the third *** term MetroPCS has not generated voice service MOUs in any *** greater than or equal to *** of the engineered capacity of the system during the peak usage period on the most heavily utilized cell site, then the arrangement shall be converted for the following *** to a take or pay arrangement where MetroPCS pays for *** of the engineered peak usage capacity regardless of its actual traffic volumes. The Parties shall negotiate in good faith to agree upon the minimum volume for which MetroPCS will pay inn order to meet the minimum percentages specified in this section. In the absence of agreement, the minimum volume will be set utilizing the dispute resolution procedures set forth in this Agreement.
Minimum Volume. The Contractor acknowledges that the Commonwealth has no obligation to acquire any minimum volume of Goods and/or Services from the Contractor and the Commonwealth may obtain the Goods and/or Services from any third party;
Minimum Volume. Notwithstanding Section 3.1 hereof, during any calendar month in which Orbitz fails to achieve the Minimum Volume set forth in Section 2.3 above, Pegasus shall not pay any amount to Orbitz pursuant to Section 3.1 hereof with respect to that calendar month. Pegasus' rights under this Section 3.1 A shall constitute Pegasus' sole and exclusive remedy with respect to any failure by Orbitz to meet the Minimum Volume, subject to Pegasus' termination right set forth in Section 2.3 above, which if exercised shall be Pegasus' sole and exclusive remedy for Orbitz' refusal or failure to maintain the Minimum Volume."
Minimum Volume. Unless waived in writing by the Required Holders (as defined in the 2015 Notes), the quotient of (x) the sum of each daily dollar trading volume of the Common Stock as reported by Bloomberg for each Trading Day during the twenty (20) consecutive Trading Days immediately preceding the Closing Date, divided by (y) twenty (20) shall be at least $300,000.
Minimum Volume. [superseded]
Minimum Volume. If Skype has met and maintained the condition set out in 2.3(a), but not any of the conditions in 2.3(b) or 2.3(c), Skype agrees to pay PayPal the Special Pricing Fees (as set out in clause 2.2). If Skype has not met and maintained the condition set out in 2.3(a) and has not met and maintained any or all of the conditions set out in clause 2.3 (b), or (c), Skype agrees to pay to PayPal the fees prescribed for business accounts in the User Agreement and the PayPal Website Payments Pro Agreement.
Minimum Volume. The Bureau will make a reasonable and conscientious effort to keep scaling current, but the volume presented for scaling by the Purchaser within the contract year will not be counted as part of the minimum volume unless actually scaled. Cutting performance in any contract year beyond the minimum required shall not be applied against the cutting requirements of subsequent contract years. The shortfall in required annual production will be added to the minimum volume required for the following year. If Purchaser fails to meet the minimum cutting requirements, the volume of timber scaled during the following contract year shall not be applied to the minimum requirements for that year until the existing deficiency has been made up.
Minimum Volume. Except for the two weeks of scheduled downtime, the minimum target volume of Chips to be processed and delivered each week is 5,700 tons. In the event the agreed to quarterly target volume of 71,250 tons is not met, at the end of each quarter both parties shall meet and use their best efforts to resolve the shortfall. This does not relieve CHAMPION of it’s obligation to purchase or SUNCREST obligation to produce the annual amount of 285,000 tons of chips stated here in.
Minimum Volume. CPC agrees that it shall purchase from AIPC a minimum volume of Products of * ("Minimum Volume") per Contract Year; provided, the Minimum Volume will be reset from Contract Year to Contract Year to an amount equal to * of the immediately preceding Contract Year's Actual volume of Products produced, provided, further, that in no event will the Minimum Volume be less than * per Contract Year. 5.1.3
Minimum Volume. The Parties have agreed that Distributor shall place orders and O2Diesel shall supply the minimum of O2Diesel Additive (the “Minimum Volume”) at the price as set forth on Schedule A and O2Diesel shall in no event fail to supply the Minimum Volume provided however that, if the price of ethanol increases by * over the agreed price (“Price Threshold”) Distributor may at its option temporarily defer purchasing the Minimum Volume (“Deferred Volume”) and in such a case, Distributor shall be obligated to purchase the Deferred Volume once the price decreases below the Price Threshold over the same amount of time the Deferred Volume was deferred. For example, if the ethanol price is greater than the Price Threshold for six (6) months, Distributor shall have up to six (6) months to purchase the Deferred Volume. In the event that O2Diesel ceases to distribute the O2Diesel Additive in the Territory, O2Diesel shall assist Distributor in obtaining an agreement with Cognis Deutschland GmbH on the same terms and conditions that O2Diesel or its subsidiaries was supplying the O2Diesel Additive in the Territory.
