Retaining Exclusivity. Licensee will forfeit all rights of exclusivity and the License and this Agreement will be nonexclusive, if the following goals are not met by Licensee within the time period stated below: (a) Not later than two years after acceptance of the Initial Unit under Paragraphs 4.4 and 4.5 (but not Paragraph 4.6) of the Unit Purchase Agreement, Licensee or its Sublicensee shall order a second Unit from Interline for operation in the Territory. Within two months of acceptance of the second Unit (similar to acceptance under Paragraphs 4.4 and 4.5 of the Unit Purchase Agreement but with respect to the specifications for the second Unit), the Units (i.e., Initial Unit and second Unit) operated by Licensee and/or Sublicensees in the Territory must be processing at least 154,000 litres of Used Oil per day to produce Finished Products and must thereafter maintain or exceed this level on average over each six month period. Licensee and its Sublicensees must not unreasonably delay the purchase, delivery, installation or acceptance of the second Unit. (b) Not later than four years after acceptance of the Initial Unit under Paragraphs 4.4 and 4.5 (but not Paragraph 4.6) of the Unit Purchase Agreement, Licensee or its Sublicensee shall order a third Unit from Interline for operation in the Territory. Within two months of acceptance of the third Unit (similar to acceptance under Paragraphs 4.4 and 4.5 of the Unit Purchase Agreement but with respect to the specifications for the third Unit), the Units (i.e., Initial Unit, second Unit, and third Unit) operated by Licensee and/or Sublicensees in the Territory must be processing at least 231,000 litres of Used Oil per day to produce Finished Products and must thereafter maintain or exceed this level on average over each six month period. Licensee and its Sublicensees must not unreasonably delay the purchase, delivery, installation or acceptance of the third Unit.
Retaining Exclusivity. The grant of exclusive rights pursuant to ----------------------- Section 1.1 with respect to each of the Products is subject to VANGKOE meeting the respective sales volume targets set forth on Exhibit A hereto for each of such Products, as the same may be amended from time to time by the mutual written consent of the parties. In the event that VANGKOE fails to meet a sales target with respect to a Product, VANGKOE will have a 60-day cure period within which to satisfy such target. If VANGKOE fails to meet the target within such 60-day cure period, VANGKOE's right to market the Product in the Market shall convert into a non-exclusive right for the remainder of the term of the Agreement. The determination of whether a product is non-conforming shall be made by testing the product in accordance with standard ASTM procedures and equipment as applied to similar materials sold in the Market or in accordance with such other procedures as shall be mutually agreed upon in writing by the parties.
