Performance Minimums Sample Clauses

Performance Minimums. 15 8.3 Aggregation of Minimum Payment Obligations................................ 16 8.4
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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...
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Performance Minimums. Not including the Demonstration Units in Section 3.2, Freedom Ventures agrees to purchase or sell a minimum of twelve (12) machines in the 12 months following CE Mark approval,; thirty-two (32) units in the 24 months following CE Mark approval; and sixty (60) units 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.
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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.
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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.
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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.
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Related to Performance Minimums

  • Performance Metrics In the event Grantee fails to timely achieve the following performance metrics (the “Performance Metrics”), then in accordance with Section 8.4 below Grantee shall upon written demand by Triumph repay to Triumph all portions of Grant theretofore funded to and received by Grantee:

  • Performance Measure The specific representation of a process or outcome that is relevant to the assessment of performance; it is quantifiable and can be documented

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Performance Objectives 4.1 The Performance Plan (Annexure A) sets out-

  • Performance Criteria The Performance Criteria are set forth in Exhibit A to this Agreement.

  • Annual Performance Bonus In the discretion of the Company's Compensation Committee, the Executive shall be eligible to receive an annual performance bonus payable in cash for each full or partial fiscal year of the Company during the Employment Period in accordance with the Company's performance-based bonus program for Executive Officers.

  • Goals Goals define availability, performance and other objectives of Service provisioning and delivery. Goals do not include remedies and failure to meet any Service Goal does not entitle Customer to a Service credit.

  • Performance Measures The System Agency will monitor the Grantee’s performance of the requirements in Attachment A and compliance with the Contract’s terms and conditions.

  • Performance Goal (a) Subject to the following sentence, the Performance Goal is set out in Appendix A hereto, which Appendix A is incorporated by reference herein and made a part hereof. Notwithstanding the foregoing, the provisions of Section 13 or any other provision of A-1 this Agreement to the contrary, the Committee reserves the right to unilaterally change or otherwise modify the Performance Goal in any manner whatsoever (including substituting a new Performance Goal), but only to the extent that the Committee has first determined that the exercise of such discretion would not cause the Performance Share Units to fail to qualify as “performance-based compensation” under Section 162(m) of the Code. If the Committee exercises such discretionary authority to any extent, the Committee shall provide the Grantee with a new Appendix A in substitution for the Appendix A attached hereto, and such new Appendix A and the Performance Goal set out therein (rather than the Appendix A attached hereto and the Performance Goal set out therein) shall in all events apply for all purposes of this Agreement.

  • Performance Goals A. The Trust and State Street have developed mutually acceptable performance goals dated March 1, 2011 , and as may be amended from time to time, regarding the manner in which they expect to deliver and receive the services under this Agreement (hereinafter referred to as “Service Level Agreement”). The parties agree that such Service Level Agreement reflects performance goals and any failure to perform in accordance with the provisions thereof shall not be considered a breach of contract that gives rise to contractual or other remedies. It is the intention of the parties that the sole remedy for failure to perform in accordance with the provisions of the Service Level Agreement, or any dispute relating to performance goals set forth in the Service Level Agreement, will be a meeting of the parties to resolve the failure pursuant to the consultation procedure described in Sections V. B. and V.C. below. Notwithstanding the foregoing, the parties hereby acknowledge that any party’s failure (or lack thereof) to meet the provisions of the Service Level Agreement, while not in and of itself a breach of contract giving rise to contractual or other remedies, may factor into the Trust’s reasonably determined belief regarding the standard of care exercised by State Street hereunder.

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