Common use of ScriptPro Restrictions Clause in Contracts

ScriptPro Restrictions. It is agreed that, unless specifically permitted by Smart Rx under a separate written agreement with ScriptPro referencing this Agreement, for as long as Smart Rx meets all of its obligations set forth herein, including attainment of the Minimum Sales Volume Commitment, ScriptPro shall not provide Units, or any products that are substantially similar to the Kiosk, for use within the Territory other than pursuant to Orders received from Smart Rx (the “ScriptPro Restrictions”). It is further agreed that, if Smart Rx fails to meet any of its obligations under this Agreement, including specifically and without limitation meeting its Minimum Sales Volume Commitment, then the “ScriptPro Restrictions” shall have no further force or effect. The Minimum Sales Volume Commitment shall be met as long as ScriptPro receives the above designated number of Orders during each designated Calendar Year or, if there is a shortfall in Orders received during a Calendar Year, sufficient additional orders are received during the 90-day period following the close of such Calendar Year to cover such shortfall. Orders covering a shortfall for a prior Calendar Year must specify installation within the first 180 days after the close of such prior Calendar Year and shall not also be counted toward the Minimum Sales Volume Requirement for the Calendar Year in which they are received.