Minimum Volume Guarantee Sample Clauses

Minimum Volume Guarantee. 4.1 Subject to 4.2 below, UTStarcom shall purchase from P&C a cumulative total of at least [***] units during the Term with following periodic minimum volume targets; (the “Minimum Volume”); provided however, that P&C shall provide a competitive product roadmap to UTStarcom which is acceptable to UTStarcom. Oct. 1st 2006 ~ Dec. 31st 2007 [***] Jan. 1st 2008 ~ Dec. 31st 2008 [***] Jan. 1st 2009 ~ Dec. 31st 2009 [***] 4.2 The Parties further acknowledge that the purchase of the Minimum Volume is subject to (a) the acceptable performance of the Products during trial by carriers and carrier final approval; and (b) competitive pricing, timely delivery and satisfactory quality. If UTStarcom believes in good faith that these conditions are not met, UTStarcom shall provide written notice to P&C with a detailed basis for UTStarcom’s belief, including all supporting documentation. 4.3 Notwithstanding the above, the Parties acknowledge that the Minimum Volume is of paramount importance to the intended strategic alliance and in the event that UTStarcom fails to reach the periodic Minimum Volume stipulated in Article 4.1 during any period during the Term, provided all of the conditions of 4.2 above are successfully complied with, and without prejudice to any other rights P&C may have, P&C shall be entitled to make null and void the exclusivity provision in Article 1 above and otherwise embodied this Agreement.
Sample 1
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Minimum Volume Guarantee. For and in consideration of Railroad’s reimbursement of certain construction costs and the other terms and conditions of this agreement, Customer guarantees that it in each of the first five (5) years after completion of its ethanol plant, Customer will ship a minimum of 1500 loaded rail cars, inbound or outbound. In the event that the number of loaded cars falls short of 1500 in any of the first five years of plant operation (measured from the anniversary date of the first revenue carload on the Sidetrack), Customer shall pay Railroad an amount equal to $75 for each car short of 1500.
Sample 1
Minimum Volume Guarantee. 21.5.1 The Authority shall provide a minimum volume guarantee as per Schedule R for the Public Patients in a Financial year (the “Minimum Volume Guarantee”) during the Concession Period. 21.5.2 In case number of fractions for the Public Patients at the end of any Financial Year during the Concession Period is less than the Minimum Volume Guarantee and such shortfall is not due to the Concessionaire Default or due to Force Majeure, the Authority shall pay the difference amount estimated with respect to the differential number of fractions at the end of such Financial Year. The amount of the differential number of fractions shall be calculated by multiplying the average price per fractions with the differential number of fractions. The average price of fractions shall be calculated by dividing the total Operational Payment by the total number of fractions of the Public Patients during the Financial Year. Draft Concession Agreement 21.5.3 In the event of non-achievement of the Minimum Volume Guarantee in any Financial Year, the Concessionaire shall notify the Independent Monitor, Authority and Medical College within 20 (twenty) days from the end of the such Financial Year along with a certificate from the Statutory Auditor certifying the number of fractions, the Operational Payment received by the Concessionaire for the such Financial Year as per the format given in the Schedule Q of this Agreement. The Independent Monitor shall review the documents submitted by the Concessionaire and determine the amount to be paid by the Authority to the Concessionaire and submit a recommendation report to the Authority, Medical College and the Project Management Committee within 7 (seven) days from the date of receipt of notification from the Concessionaire. 21.5.4 Based on the report submitted by the Independent Monitor, the Authority shall pay the amount as recommended by the Independent Monitor to the Concessionaire within 20 (twenty) days from the date of receipt of report from the Independent Monitor. In the event of any difference or disagreement relating to determination of the amount for the Minimum Volume Guarantee, such disputed portion of the amount shall be resolved through Dispute Resolution Procedure referred under Article 36 of this Agreement. Draft Concession Agreement
Sample 1

Related to Minimum Volume Guarantee

  • QUANTITY BASIS OF CONTRACT – NO GUARANTEED QUANTITIES The contract established has no guarantee of any specific quantity and the State is obligated only to buy that quantity which is needed by its agencies.

  • PRICE GUARANTEE The prices established herein shall prevail for the term of this Agreement, except in the event of a general market decline in prices of such commodities at any time during the period of this Contract, the Contractor agrees that the State of Mississippi shall receive full benefit of such decline. The State Bureau of Financial Control shall not approve any account nor order and direct payment of any account for the purchase of any commodity covered by this Contract when the purchase price is in excess of the maximum price fixed in this Agreement.

  • Minimum Royalty At the beginning of each calendar year during the term of this Agreement, beginning January 1, 2016, Company shall pay to Medical School a minimum royalty of {***}. If the actual royalty payments to Medical School in any calendar year are less than the minimum royalty payment required for that year, Company shall have the right to pay Medical School the difference between the actual royalty payment and the minimum royalty payment in full satisfaction of its obligations under this Section, provided such minimum payment is made to Medical School within sixty (60) days after the conclusion of the calendar year. Waiver of any minimum royalty payment by Medical School shall not be construed as a waiver of any subsequent minimum royalty payment. If Company fails to make any minimum royalty payment within the sixty-day period, such failure shall constitute a material breach of its obligations under this Agreement, and Medical School shall have the right to terminate this Agreement in accordance with Section 8.3.

  • No Quantity Guarantees The System Agency makes no guarantee of volume or usage of work under this Grant Agreement. All work requested may be on an irregular and as needed basis throughout the Grant Agreement term.

  • Performance Guarantee 9.4.1 The Concessionaire shall, for the performance of its obligations hereunder during the Concession Period, provide to the Authority no later than [90] days prior to expiry of the Performance Security, an irrevocable and unconditional guarantee from a Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)7 in the form set forth in Schedule-FF (the “Performance Guarantee”). Until such time the Performance Guarantee is provided by the Concessionaire pursuant hereto and the same comes into effect, notwithstanding anything contained in clause 9.3 the Performance Security shall remain in force and effect, and upon such provision of the Performance Guarantee pursuant hereto, the Authority shall release the Performance Security to the Concessionaire. 9.4.2 Notwithstanding anything to the contrary contained in this Agreement, in the event Performance Guarantee is not provided by the Concessionaire within a period of [90] days prior to expiry of the Performance Security, the Authority may invoke and encash the Performance Security and appropriate the proceeds thereof as Damages, and thereupon all rights, privileges, claims and entitlements of the Concessionaire under or arising out of this Agreement shall be deemed to have been waived by, and to have ceased with the concurrence of the Concessionaire, and this Agreement shall be deemed to have been terminated by mutual agreement of the Parties.

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • Daily Guarantee (a) Subject to the provisions of Subsection (c), an employee reporting for a scheduled shift on the call of the Corporation, shall receive the employee's regular hourly rate of pay for the entire period spent at the place of work, with a minimum of two (2) hours' pay at the regular hourly rate. (b) Subject to the provisions of Subsection (c), an employee other than a school student on a school day who commences work on a scheduled shift, shall receive the employee's regular hourly rate of pay for the entire period spent at the place of work, with a minimum of four (4) hours' pay at the regular hourly rate. (c) In any case where an employee: (i) reports for a regular shift but refuses to commence work, or (ii) commences work but refuses to continue working, the employee shall not be entitled to receive the minimum payments set forth in Subsections (a) and (b).

  • Limitation of Guarantee The obligations of each Guarantor will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets of each Guarantor.

  • Minimum Annual Royalty Beginning in the calendar year after the first occurrence of SALEs, and in each succeeding calendar year thereafter, LICENSEE will pay to REGENTS a minimum annual royalty of [Written amount] U.S. Dollars ($ Number) for the life of this AGREEMENT. This minimum annual royalty will be paid to REGENTS by February 28 of each year and will be credited against the earned royalty due and owing for the calendar year in which the minimum payment is made.

  • Minimum Annual Royalties Company shall pay to JHU minimum annual royalties as set forth in Exhibit A. These minimum annual royalties shall be due, without invoice from JHU, within thirty (30) days of each anniversary of the EFFECTIVE DATE beginning with the first anniversary. Running royalties and sublicense consideration accrued under Paragraphs 3.3 and 3.4, respectively, and paid to JHU during the one year period preceding an anniversary of the EFFECTIVE DATE shall be credited against the minimum annual royalties due on that anniversary date.

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