Minimum Volume Requirements Sample Clauses

Minimum Volume Requirements. For purposes of this Contract Tariff, Base --------------------------- Rates are defined as the rates and discounts for which Customer qualifies under this Contract Tariff.
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Minimum Volume Requirements. WRMT hereby guarantees that the aggregate amount of TAS units purchased by WRMT from GI under this Agreement during each of Year 1, 2, 3, 4 and Year 5, commencing January 1, 2018, or an earlier date if applicable, shall equal or exceed the amounts as set forth in Appendix C3, attached hereto.
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Minimum Volume Requirements. Buyer acknowledges that Seller will procure Manufacturing Equipment, Initial Inventory, and other Component Parts, equipment, inventory, materials and resources in anticipation of the initial and ongoing Manufacture of Products under the terms of this Agreement. As consideration for Seller's capital investments in preparation for its performance of Seller's duties and obligations under this Agreement, Buyer agrees that it will schedule monthly shipments and purchase a minimum of $900,000 of Products per month (determined on a three (3) month rolling average) from Seller (the "Minimum Volume Requirements") beginning the third (3rd) calendar month after the commencement of the Manufacture of Products by Seller. If Buyer fails to meet the Minimum Volume Requirements, Buyer shall pay Seller a "Shortfall Charge". The Shortfall Charge for any month will be calculated by subtracting one third (1/3rd) of the sum of all invoices billed to Buyer by Seller for Products shipped during the applicable month and the two months preceding the applicable month (each such rolling three (3) month period is referred to as a "Measurement Period"), from $900,000, then multiplying that figure by the Applicable Percentage from the following table: Last Month of Measurement Period Applicable Percentage -------------------------------- --------------------- 11/2002 through 1/2003 5% 2/2003 through 4/2003 5% 5/2003 through 7/2003 10% 8/2003 through 10/2003 15% 11/2003 through 1/2004 20% 2/2004 and thereafter 25% For example, if in 2/2003, the sum of the total invoices for Products shipped is $800,000.00, and the total for the first preceding month was $750,000.00 and the second preceding month was $850,000.00, then Buyer shall pay to Seller a Shortfall Charge of $5,000.00 for that Measurement Period (1/3rd of three month total ($2,400,000/3 = $800,000) deducted from $900,000 = $100,000 x 5% = $5,000). The Seller shall invoice Buyer and provide sufficient detail on how the Shortfall Charge is calculated. Payment of any Shortfall Charge is due net sixty (60) days after the invoice date. Notwithstanding the provisions above, (i) no Shortfall Charge shall be due and payable for any month in which on-time delivery (as defined below) falls below 90%; (ii) the amount on which the Shortfall Charge is calculated shall be reduced (but not below zero) by the dollar amount of all units during the month that are not delivered on time. For purposes of this Agreement, "on-time delivery" shall be me...
Sample 1
Minimum Volume Requirements. (a) Reseller shall be entitled to [xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxx] for as long as it purchases the minimum volume requirements of the WVS Modules set forth below: 1998 1999 Q4 Q1 Q2 Q3 Q4 ------------------------ -------------------- -------------------- ------------------- ------------------- [xxxxx] [xxxxx] [xxxxxx] [xxxxxx] [xxxxxx] ------------------------ -------------------- -------------------- ------------------- -------------------
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Minimum Volume Requirements. Minimum Volume Requirements will be agreed upon between the parties in writing.
Sample 1
Minimum Volume Requirements. 8 4.1. Minimum Annual Volume...........................................................................8 4.2. Annual Volume Shortfall.........................................................................8 4.3. Shortfall Notice................................................................................9 4.4. Immediate Remedy................................................................................9 4.5. Failure to Deliver Notice......................................................................10 4.6. Make-Up Notice.................................................................................11 4.7. No Shortfall...................................................................................11 4.8. Minimum Five-Year Volume.......................................................................11 4.9. Five-Year Shortfall............................................................................11 4.10. Final Five-Year Adjustment.....................................................................12 4.11. Shortfall Mitigation...........................................................................12
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Related to Minimum Volume Requirements

  • Minimum Requirements With respect to the Notes, the Issuers shall not have any obligations with respect to any underwriters or underwritten offering except a single underwritten offering of $270 million or more of Registrable Securities.

  • Minimum Purchase Requirements Distributor shall make the minimum annual purchase of Products established in Exhibit B, unless the Agreement has become coexclusive. In the period within the fixed term and extension, if applicable, of the Agreement under Section 10(a) subsequent to [ * ], the parties shall meet in San Francisco at least [ * ] prior to the beginning of each of respective year to discuss market conditions and appropriate minimum purchases for such year. In the event that the parties fail to agree on an appropriate minimum any year subsequent to [ * ], the minimum annual purchase requirement for such year shall be calculated increasing or decreasing (as the case may be) the minimum purchase requirement for the preceding year in proportion to the increase or decrease in the [ * ] (based on data from mutually acceptable data provider) of the applicable product in the Territory. In the event Supplier is unable to deliver Products ordered by Distributor in an amount consistent with the most recent forecast, then the minimum annual purchase requirement shall be reduced by the quantity of Products that Supplier is unable to deliver when requested. In the event Distributor fails in any year (a “Shortfall Year”) to make the annual minimum purchase of Agreement Products required by Exhibit B, Supplier shall have the right to give Distributor written notice of default, and if such failure to make the minimum purchase is not cured (through the purchase of an amount of Agreement Product equal to the entire shortfall in the Shortfall Year, which amount shall not be counted towards any minimum purchase requirements for the year of purchase) within [ * ] of receipt of the notice, then Supplier shall have the right, in Supplier’s sole discretion and as Supplier’s sole remedy for Distributor’s failure to meet the minimum purchase requirements hereunder, either to convert the appointment of Distributor from exclusive to non-exclusive or to terminate this Agreement. In the event of either conversion to non-exclusive or termination of this Agreement pursuant to this Section 3(e), the Supplier shall pay Distributor a conversion fee equal to [ * ], and Distributor shall transfer all Regulatory Approvals relating to BMS or DES in the Territory to Supplier.

  • SUBLEASE REQUIREMENTS The following terms and conditions shall apply to any subletting by Tenant of all or any part of the Premises and shall be deemed included in each sublease:

  • Service Requirement Except as otherwise provided in Section 6(e) of the Plan or Section 2 of this Agreement, this Option may be exercised only while you continue to provide Service to the Company or any Affiliate, and only if you have continuously provided such Service since the Grant Date of this Option.

  • Payment Requirements All amounts to be paid or deposited by any Seller Party pursuant to any provision of this Agreement or any other Transaction Document shall be paid or deposited in accordance with the terms hereof no later than 11:00 a.m. (Chicago time) on the day when due in immediately available funds, and if not received before 11:00 a.m. (Chicago time) shall be deemed to be received on the next succeeding Business Day. If such amounts are payable to (i) Agent, they shall be paid to Agent for its own account, in accordance with the applicable instructions set forth on Schedule C and (ii) any Purchaser Agent or Purchaser, they shall be paid to the Purchaser Agent for such Person’s Purchaser Group, for the account of such Person, in accordance with the applicable instructions set forth on Schedule C, in each case until otherwise notified by Agent or the related Purchaser Agent, as applicable (each instruction set forth in clauses (i) and (ii) being a “Payment Instruction”). Upon notice to Seller, Agent (on behalf of itself and/or any Purchaser) may debit the Facility Account for all amounts due and payable hereunder. All computations of Financial Institution Yield, per annum fees or discount calculated as part of any CP Costs, per annum fees hereunder and per annum fees under any Fee Letter shall be made on the basis of a year of 360 days for the actual number of days elapsed. If any amount hereunder or under any other Transaction Document shall be payable on a day which is not a Business Day, such amount shall be payable on the next succeeding Business Day.

  • Minimum Sales 4.1 The minimum volume of sales of the Products that CSR commits to use its best efforts to achieve in the Territory on an annual basis in the first Agreement Year is 60,000 gallons (avg. 5,000 gallons per month). RCAI will review the annual volumes of sales of the Products prior to the beginning of any successive term during which this Agreement may continue and RCAI may change and adjust such minimums as it, in its sole judgment, sees fit.

  • Notice Requirements All notices required or permitted by this Lease shall be in writing and may be delivered in person (by hand or by messenger or courier service) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission during normal business hours, and shall be deemed sufficiently given if served in a manner specified in this Paragraph 23. The addresses noted adjacent to a Party's signature on this Lease shall be that Party's address for delivery or mailing of notice purposes. Either Party may by written notice to the other specify a different address for notice purposes, except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for the purpose of mailing or delivering notices to Lessee. A copy of all notices required or permitted to be given to Lessor hereunder shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate by written notice to Lessee.

  • Service Requirements 4.1 All Services shall be performed in accordance with the requirements set forth in this Service Agreement, including the Service Specification, and otherwise in a professional manner.

  • Notice Requirement No termination of this Agreement shall be effective unless and until the party terminating this Agreement gives prior written notice to all other parties of its intent to terminate, which notice shall set forth the basis for the termination. Furthermore,

  • Quality Specifications SANMINA-SCI shall comply with the quality specifications set forth in its Quality Manual, incorporated by reference herein, a copy of which is available from SANMINA-SCI upon request.

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