Total Core Product Market Share Sample Clauses

Total Core Product Market Share. (a) For each of its assigned areas of responsibility, RDOEC will maintain, on a monthly basis, rolling 12-month total core product "Deere share" market share at a level greater than the level corresponding to the 50th percentile of all of JDIEC's U.S. dealers. Market share will be determined based upon the criteria and methodology then in use by JDIEC and evaluated monthly as information becomes available. The areas of responsibility assigned to RDOEC will be excluded from the calculations for the purpose of determining the 50th percentile of JDIEC's U.S. dealers. (b) JDIEC will have the right to terminate RDOEC's dealer appointments for a given area of responsibility upon the third instance (or any subsequent instance) in which RDOEC fails, in that area of responsibility, to satisfy the performance requirement set forth in section 4.a(2)(a) above, whether the instances occur in consecutive months or otherwise. Such termination will require one year advance written notice. JDIEC will have no obligation to rescind a notice of termination given under this section 4.a(2)(b) even if RDOEC satisfies the performance requirement set forth in section 4.a(2)(a) above in the area of responsibility involved during the year after the notice is given. (c) If in a given area of responsibility RDOEC did not satisfy the performance requirement set forth in section 4.a(2)(a) above for any of the 12-month periods ending May, June, or July 1996, a failure by RDOEC to satisfy that performance requirement in such area of responsibility for any rolling 12-month period ending July 1999 or earlier will not be counted for the purpose of JDIEC's right of termination under section 4.a(2)(b) above. Should RDOEC acquire a dealership which, for any of the 12-month periods ending with the month of acquisition or with one of the two months immediately preceding the month of acquisition, did not satisfy the performance requirement set forth in section 4.a(2)(a) above, a failure by RDOEC to satisfy that performance requirement, in the area of responsibility previously assigned to such acquired dealership, for any rolling 12-month period ending within the first three years of RDOEC's operations there will not be counted for the purpose of JDIEC's right of termination under section 4.a(2)(b) above.
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