Sales Quotas. This Agreement is being entered into based upon good faith sales estimates provided by JADEMAR. JADEMAR's sales quota for the first full contract year shall be $750,000 of K-TRONIK Product; for the second contract year, $1,500,000 ; and for the third contract year, $2,000,000. For purposes of the foregoing, contract years shall be considered calendar years beginning with calendar year 2000. For reference purposes only, for the calendar year 1999, JADEMAR's sales goal will be $150,000. During any renewal term, JADEMAR and K-TRONIK shall jointly develop a sales quota for each year of the renewal term. The sales quota for each such year shall take into consideration prior sales volumes, existing market conditions and reasonable sales growth targets (e.g. 5% to 15% per year).
Sales Quotas. 4.1 In consideration of the exclusive and non-exclusive rights to sell the Products within the NovaCare Market granted hereby, NovaCare agrees to use its best efforts to effect sales and purchases aggregating at least the following minimum dollar volumes of Products within the NovaCare Market during the time periods shown: JANUARY 1, 1996 TO DECEMBER 31, 1996 ------------------------------------ $350,000 JANUARY 1, 1997 TO DECEMBER 31, 1997 ------------------------------------ $700,000 JANUARY 1, 1998 to DECEMBER 31, 1998 ------------------------------------ $2,000,000 JANUARY 1, 1999 TO DECEMBER 31, 2000 ------------------------------------ $2,500,000 JANUARY 1, 2001 TO DECEMBER 31, 2001 AND EACH YEAR THEREAFTER ------------------------------------------------------------- the greater of: (i) 105% of the prior year's quota or (ii) the prior year's quota plus one-half (1/2) the difference between the prior year's quota and the prior year's actual sales Notwithstanding the foregoing, the sales quota for any year hereunder shall not exceed $8,000,000, unless otherwise agreed in writing by the parties hereto, during the ten (10) year period beginning on the date hereof and ending on November 30, 2005.
4.2 Sales volumes for purposes of determining compliance with the above quotas will be calculated at the end of each of the above periods by adding together (1) the total List Price of Products, excluding Deductions, purchased and paid for by Customers pursuant to orders submitted by NovaCare for which the Sales Commission is payable with respect to such period, and (2) the total List Price of Products, excluding Deductions, purchased and paid for by NovaCare or any Affiliate prior to the end of such period, as to which the discount set forth in Section 2.2 hereof is applicable.
4.3 In the event NovaCare exceeds its quota in any of the above periods, NovaCare shall be entitled to carry over such excess and apply it toward the quota for the next successive period up to and including ten percent (10%) of the quota for such next successive period, provided that such excess shall be excluded from the calculation of the Marketing Allowance for such next successive period.
4.4 It is expressly understood and agreed that the failure of NovaCare to meet the above sales quotas, as determined at the end of each of the above periods during the term hereof, will give Nautilus Marketing the right, upon written notice to NovaCare, to terminate the exclusivity of NovaCare's rig...
Sales Quotas. In addition to the Distributor's obligation to use its best efforts to actively and aggressively market the Products to all available customers within the Territory, the Distributor agrees to purchase and pay for the following minimum volumes of the Products for sale in the territory, which amounts the parties hereby acknowledge and stipulate are fair and commercially reasonable. 2006 [***] cases 2007 [***] cases 2008 [***] cases The parties agree to negotiate the Minimum Purchase Volumes for each year after the periods set forth above, based upon the current market conditions, including categories growth, population size, per-capita sales volume and comparative analysis to other territories. In the event that an agreement is reached, shall be [***] higher than the minimum for the previous year or [***] of the actual purchase in the previous year, whichever is greater.
Sales Quotas. Throughout the Term (as hereinafter defined), Distributor shall purchase, and pay Supplier for, an amount of the Product equal to, or in excess of, the Minimum Purchase Commitment. The parties hereby acknowledge and agree that: (i) the Minimum Purchase Commitment will be mutually established by the parties from time to time, and may be structured in any manner the parties see fit (e.g., applicable to all or any portion(s) of the Territory, calculated monthly, quarterly or annually, etc.); (ii) as the Minimum Purchase Commitment is agreed to and/or amended by the parties, Exhibit C shall be amended accordingly; (iii) Supplier is subject to certain minimum sales commitments under the License Agreement; (iv) the Minimum Purchase Commitment agreed upon by the parties (as the same may be amended from time to time) will be negotiated in direct contemplation of Supplier’s minimum sales commitments under the License Agreement; and (v) Distributor’s failure to agree to and/or meet the Minimum Purchase Commitment, at any time during the Term, shall constitute a material breach of this Agreement by Distributor pursuant to Section 13.2 below.
Sales Quotas. Master Distributor reserves the right to implement, change or amend a Quota System and to impose same (if any) should Safety Sentry, Inc. require the Master Distributor to implement same. In the event a Quota System is implemented, every effort will be made to assign quota levels based on the individual Dealer’s “working availability” so that each Dealer will receive due consideration for other commitments they have in their lives and the time required to exercise those commitments. In the event of Quota System is implemented, during the initial one (1) year term, Dealer shall meet or exceed the quotas set forth in a revised Dealer Schedule attached hereto if applicable. For each annual extension term, Dealer shall meet or exceed the revised quotas (if any) established by Master Distributor by written notice thereof to Dealer thirty (30) days prior to each anniversary of the Effective Date. In the event that a quota is not met by Dealer, Master Distributor may at its sole discretion terminate this Agreement effective upon the last day of the annual term for which the quota was not met.
Sales Quotas. During thefirst year of the initial term of this Agreement, there shall be no sales quotas. For subsequent years Licensee shall have the following quotas of units purchased from Inventors: During the second, third, fourth and fifth years of initial term of this Agreement, the quota shall be twenty percent (20%) more than the number of units purchased by Licensee during the immediately preceding year, up to the fixed quota set forth below. Thereafter, there shall be a fixed quota of 100,000 units per year for the balance of the initial term and for the renewal term. In the event that Licensee does not meet the quota, Inventors may terminate the License granted under this Agreement, effective upon the last day of the annual term for which the quota was not met.
Sales Quotas. Master Distributor reserves the right to implement, change or amend a Quota System and to impose same (if any) should Safety Sentry, Inc. require the Master Distributor to implement a Quota System. In the event a Quota System is implemented, every effort will be made to assign quota levels based on the individual Distributor’s “working availability” so that each Distributor will receive due consideration for other commitments they have in their lives and the time required to exercise those commitments. In the event of Quota System is implemented, during the initial one (1) year term, Distributor shall meet or exceed the quotas set forth in Schedule "C" attached hereto if and/or when applicable. For each annual extension term, Distributor shall meet or exceed the revised quotas (if any) established by Master Distributor by written notice thereof to Distributor thirty (30) days prior to each anniversary of the Effective Date. In the event that a quota is not met by Distributor, Master Distributor may at its sole discretion terminate this Agreement effective upon the last day of the annual term for which the quota was not met.
Sales Quotas. It is agreed that Distributor is committed to selling within its territory the following minimum number of FSS per calendar quarter. 2002 2003 2004 ---------------------- ----------------------- ----------------------- Quarter*1 - 80 Systems Quarter 1 - 120 Systems Quarter 1 - 210 Systems Quarter 2 - 90 " Quarter 2 - 150 " Quarter 2 - 240 " Quarter 3 - 120 " Quarter 3 - 180 " Quarter 3 - 270 " Quarter 4 - 120 " Quarter 0 - 000 " Xxxxxxx 0 - 000 " ---------- ----------- ----------- Total 410 Systems 660 Systems 1020 Systems * Quarter 1 includes Nov- Dec 2001.
Sales Quotas. As a DSI Security Escort Products Dealer, Dealer hereby commits to the following level of purchases (quotas): Escort Systems - First Year: 3 systems or $50,000 in sales/purchases
6.1 Failure to Meet Sales Quota. In the event that Dealer fails to meet its sales quota or is otherwise in default under this Agreement, Dealer will have thirty (30) days to cure such failure. Product usage will be reviewed semiannually.
Sales Quotas. Employee understands and acknowledges that Company ------------ has determined a sales quota for 1997 as attached as Exhibit A to this Agreement. Employee understands and acknowledges that attainment of the 1997 Sales Quota is material to Employee's performance with the Company.
