Shortfall Payment. If for any period, Xxxx’x fails to meet its obligation to purchase the entirety of the Territory Requirements from The Lion, for any reason other than (i) The Lion’s inability or refusal to supply Products conforming to this Agreement (including on account of Force Majeure, as referred to in Section XIII(c)), or (ii) Xxxx’x exercise of its right to have Products brewed, produced, bottled and packaged at another production facility other than The Lion as set forth in Section I(d)(3) then, without prejudice to The Lion’s other rights, Xxxx’x shall pay The Lion an amount equal to the applicable Co-packing Fee for the Products that Xxxx’x was obligated to (but did not) purchase from The Lion during the applicable period (the “Shortfall Payment”).
Appears in 4 contracts
Samples: Brewing Agreement, Brewing Agreement (Reeds Inc), Brewing Agreement (Reeds Inc)
