Common use of Sales Performance Clause in Contracts

Sales Performance. 16.2.1. Throughout the Term, the Licensee shall use its reasonable endeavours to achieve the sales objectives in the Marketing and Promotion Plan for each year of the Licence term. 16.2.2. No less than once every six months commencing from the Commencement Date, ATOC and the Licensee shall meet at ATOC’s offices, or at an agreed alternative location, to discuss the Licensee’s performance under this Agreement including, but not limited to, its performance against the then applicable Marketing and Promotion Plan. 16.2.3. If in the reasonable opinion of ATOC the Licensee has failed, following the issue of the Approval Certificate, to make reasonable efforts to launch the sale of Rail Products in the International Markets in accordance with the sales objectives in the Marketing and Promotion Plan then, upon the request of ATOC the Licensee must produce and submit to ATOC in writing within 30 days of that request a recovery plan including inter-alia the Licensee’s recommendations for improving the volume of sales for that year to an agreed level and a date by which such improvements shall be achieved. The Licensee shall use reasonable efforts to implement the recovery plan subject to the amendments, if any, agreed with ATOC. 16.2.4. If the Licensee fails to take reasonable steps to implement the recovery plan agreed pursuant to Clause 16.2.3, without prejudice to any other of their rights under this Agreement, ATOC may take such further reasonable steps as it sees fit, including the giving of not less than 3 months notice of termination of this Agreement.