Sales Targets. 9.1. For each Business Plan executed by Channel Partner and RITTAL, the Parties shall negotiate in good faith and use their best efforts to mutually agree on a sales target for Channel Partner to achieve in the calendar year to which the Business Plan relates (the “Sales Target”). For the initial Business Plan between Channel Partner and RITTAL, the Parties shall negotiate a prorated Sales Target, which shall take into account the duration of the remaining calendar year. The Sales Target shall be stated as a dollar amount and be used by the Parties to determine whether Channel Partner is entitled to an Annual Rebate in accordance with Section 5.6. In determining whether Channel Partner has met its Sales Target for a given calendar year, RITTAL shall calculate the total purchase price of all Applicable Purchases (as defined in Section 5.6.) invoiced by RITTAL and shipped in the given year, and then compare such number to the applicable Sales Target.
9.2. In order to assess whether Channel Partner has met or exceeded its Sales Target for a given calendar year, Channel Partner agrees to make available to RITTAL and its authorized representatives such information as RITTAL may reasonably require to make such assessment.
Sales Targets. The Parties acknowledge that this Agreement is based on, among other things, the business plan as to the sales expectations set forth in Exhibit D attached hereto.
(a) In the event the cumulative sales of Fuel Cell Stack Modules in the Korean Market as of December 31, 2013, have not reached the target figure of 112 MW as set forth in Exhibit D, the Parties shall undertake a performance review in good faith and in a commercially reasonable manner to determine the feasibility and desirability of the continuation of the exclusivity set forth in Sections 2.1(a)(i) and 2.2 hereunder, as well as the Korean Market exclusivity provisions set forth elsewhere in the Transaction Agreements. The performance review shall take into consideration, among other things, past performance, market conditions, business prospects, profitability, bona fide efforts by the Parties, quality issues affecting marketability and future plans. In the event that after discussions in good faith the Parties are not able to agree, disputes shall be resolved through Sections 14.2 and 14.3 above. The decision or award of the arbitrators pursuant to Section 14.3 shall be final and binding on both Parties.
(i) It is acknowledged and agreed by POSCO Power that during the term of this Agreement, POSCO Power shall make commercially reasonable efforts to commercialize the technology licensed hereunder in the Korean Market; and
(ii) it is acknowledged and agreed by FCE that during the term of this Agreement, FCE shall make commercially reasonable efforts to improve and enhance the DFC technology to maintain market competitiveness. The Parties shall undertake subsequent performance review(s) from time to time on dates to be mutually agreed by the parties, starting January 1, 2014, but no more than once in two (2) year intervals during the term of this Agreement. The performance review shall take into consideration, among other things, past performance, market conditions, business prospects, profitability, bona fide efforts by the Parties, quality issues affecting marketability and future plans. In the event that after discussions in good faith the Parties are not able to agree, disputes shall be resolved through Sections 14.2 and 14.3 above. The decision or award of the arbitrators pursuant to Section 14.3 shall be final and binding on both Parties.
Sales Targets. The Agent shall meet the sales targets agreed from time to time with Peak. For the avoidance of doubt the targets agreed shall be for net royalties being gross royalties after deduction of commission and distribution expenses only.
Sales Targets. 4.1 Distributor shall either (a) purchase a minimum total volume of Products per calendar year during the duration of this agreement equal to the Sales Targets each calendar year provided in Exhibit B, or (b) pay HealtheTech the amounts equivalent to the calendar year Sales Targets as set forth in the Sales Targets definitions of Exhibit B. Sales Targets for years beyond 2002 and 2003 will be mutually agreed upon by the parties in writing in accordance with Exhibit B.
Sales Targets. Each year, HEC, after consulting with the Distributor, will set sales targets for the Distributor and the Distributor will develop and present marketing strategies and sales plans to achieve the sales targets. The Distributor will comply with HEC’s policies concerning sales and service policies, procedures and systems, marketing programs, advertising and sales promotion, and such other requirements as HEC may, from time to time, establish. HEC shall provide reasonable notice to the Distributor of such policies and any changes to such policies.
Sales Targets. The Distributor will meet the following minimum sales targets for the territory, averaging sales of [Insert either number of units or total value of sales during stated period] per month.
Sales Targets. In accordance with the Sales Plan, the parties agree to establish joint sales volume targets, the channel sales model, and rules of engagement as mutually agreed upon in writing. The parties agree to assign professional staff (such as sales representatives, sales support representatives, or pre-sales technical representatives) who
Sales Targets. In the event that the sales targets in Exhibit D hereunder are not reached, the Parties shall undertake a performance review in good faith and in a commercially reasonable manner to decide on the feasibility and desirability of the continuation of the exclusivity provisions set forth in Section 2 hereunder. The performance review shall take into consideration, among other things, past performance, market conditions, business prospects, profitability, bona fide efforts by the Parties, quality issues affecting marketability and future plans.
Sales Targets. The parties shall endeavour to agree on sales targets for Agent and these suggested targets shall be entered on the schedule to this agreement. See Exhibit A. CLAUSE 8 - ADVERTISEMENTS ---------------------------- - The principal shall, during the continuance of this agreement, furnish all advertising materials to assist the agent promoting and marketing the products subject to this agreement. - Expenses involved in advertising and promoting the Principal's products shall be incurred by the Principal only with prior written approval of the Principal. CLAUSE 9 - TRADEMARKS ----------------------- The agent shall have the right to use the trademark/logo [E] or ESSTEC, INC. on its stationery for representing and promoting the Principal's products. CLAUSE 10 - TERMINATION -------------------------- Elegant Set Up shall have the right at any time, giving notice to the other to terminate this agreement in any of the following events:
Sales Targets. The rights granted to Reseller by this Agreement are contingent on Reseller achieving the Sales Targets in Exhibit A. Should Reseller not achieve those Sales Targets, Paragon may terminate this Agreement on thirty (30) days notice and Section 12.5 shall apply.
