Performance Minimums Sample Clauses
Performance Minimums. Subject to Section 8.3, the Performance Minimums defined below shall apply to all five (5) Markets but only to two (2) Licensed Products (which shall not include B&L Licensed Products or a Third Party Licensed Products) approved by the applicable regulatory authority for sale in a CDS Indication as follows: the Immusert Product (Cyclosporine) when approved for uveitis in a Market ("Immusert") and the first CDS Licensed Product when approved in a Market by the applicable regulatory authority for sale for ARMD or DME, whichever occurs first ("ARMD/DME Product"). It is understood, however, that although the Immusert and ARMD/DME Products are based on Indications and are referred to independently in this Section, any Performance Minimums will be measured against sales of all Indications for each Licensed Product and not just the separate Indications of uveitis or ARMD/DME. Furthermore, the Performance Minimums for the European Target Market for Immusert and the ARMD/DME Product, treated separately and independently, shall not apply until each of them, respectively, is approved for sale in at least three (3) of the following countries in Europe: France, Germany, Italy, and the United Kingdom. Subject to Section 8.3, during each of the first three (3) 12-Month Periods following the first approved commercial sale for each of the Immusert and ARMD/DME Products in a Market ("Approved Market"), Licensee shall either (i) obtain Net Sales for such Product in such Approved Market equal to at least [*] of the projected Net Sales for such Product in such Market contained in the applicable Market Projection Plan approved by the Steering Committee prior to such first commercial sale (the "Performance Minimum"), or (ii) pay to Licensor a royalty equal to the amount Licensor would have received based on the achievement during the applicable 12-Month Period of the Performance 12inimum ("Minimum Payment"). If Licensee has made the applicable Minimum Payment for Immusert and the ARMD/DME Product (each treated separately and independently) in an Approved Market and subsequent information indicates that the Net Sales on which such Minimum Payment was made were underreported, Licensee shall be entitled to offset the excess Minimum Payment against any royalties due and, if applicable, against any Additional R&D Payments which might subsequently be due. If Licensee fails to achieve the Performance Minimum for Immusert and the ARMD/DME Product (each treated separately and independent...
Performance Minimums. 15 8.3 Aggregation of Minimum Payment Obligations................................ 16 8.4
Performance Minimums. Not including the Demonstration Units in Section 3.2, Freedom Ventures agrees to purchase or sell a minimum of [***] machines in the 12 months following CE Mark approval,; [***] units in the 24 months following CE Mark approval; and [***] in the thirty-six (36) months following CE Mark approval Both parties agree to use best efforts to achieve the CE Mark approval within twelve (12) months of this Agreement.
Performance Minimums. During the First Agreement Year, Section 10d) shall apply, and Section 10a) through and including Section 10c), shall not apply. After the First Agreement Year, Section 10a) thru Section 10c) shall apply, and Section 10d) shall not apply.
Performance Minimums. Except as provided in the immediately succeeding sentence, RCC will agree not to sell PL Concentrates to anyone in the world other than BCB. In the event that BCB fails in any calendar year to purchase PL Concentrates from RCC which equal or exceed 100 million 12 ounce case equivalents ('Cases') RCC may by written notice to BCB by April 30 of the following year elect to sell PL Cola Concentrates and/or PL Non-Cola Concentrates to other customers. If the volume purchased by BCB from RCC during any calendar year declines by 20% or more in comparison to the immediately preceding year for two consecutive years, RCC may by written notice to BCB by April 30 of the year immediately following the second year in which BCB failed to purchase the minimum volumes required, elect to sell PL Cola Concentrates and/or PL Non-Cola Concentrates to other customers. If RCC elects to sell PL Cola Concentrates to other customers, BCB may, by written notice to RCC within 90 days after receipt of RCC's election, elect to purchase PL Cola Concentrates from suppliers other than RCC, in which case RCC shall continue to be obligated to supply PL Cola Concentrates to BCB under the terms and conditions of the New Supply Agreement. If RCC elects to sell PL Non-Cola Concentrates to other customers, BCB may, by written notice to RCC within 90 days after receipt of RCC's election, elect to purchase PL Non-Cola Concentrates from suppliers other than RCC, in which case RCC shall continue to be obligated to supply PL Non-Cola Concentrates to BCB under the terms and conditions of the New Supply Agreement.
Performance Minimums. AMP agrees that its total cumulative Net -------------------- Revenue for the KeraVision Products shall be as set forth in Exhibit A attached hereto. Failure to meet such total cumulative Net Revenue minimums shall be considered a material breach of this Agreement. Should KeraVision require a product recall or product withdrawal of KeraVision Product, the performance minimums will be adjusted to reflect the withdrawal of such KeraVision product from the market.