Volume Commitment. If the Agreement contains a Volume Commitment and is terminated by Customer pursuant to the clause entitled Customer Termination for Convenience or by Verizon pursuant to the clause entitled Termination for Cause or Insolvency, Customer shall pay an Early Termination Charge equal to: (a) 75% (or other percentage detailed elsewhere in the Agreement) of the shortfall in any Volume Commitment(s) in the Contract Year of termination; and (b) 75% (or other percentage detailed elsewhere in the Agreement) of the aggregate of the remaining applicable Volume Commitments.
Volume Commitment. Subject to the terms and conditions hereof, the Parties agree upon the following:
Volume Commitment. (a) During each Contract Year (as defined below), CKE and/or Distributor and HARDEE’S and/or HARDEE’S Distributor (as defined in the HARDEE’S AGREEMENT) will together purchase in the aggregate from the Company and the Company shall sell CKE and HARDEE’S, and/or their respective Distributors, *** of the annual aggregate pound usage of the Products (as defined in this Agreement and in the HARDEE’S Agreement) by CKE, HARDEE’S, and their respective Distributors up to an aggregate total of *** pounds of total Product per Contract Year (the “Volume Requirement”). Provided, if Company acquires (by buying or building) an additional plant at a location satisfactory to CKE which provides additional production capacity which is capable, in the reasonable determination of HARDEE’S and CKE, of supplying all of their aggregate pound usage of the Products, then the foregoing limitation of *** pounds shall be disregarded. Notwithstanding the foregoing, however, the Volume Requirement shall be pro-rated for any Contract Year consisting of less than 12 months (i.e. if the final Contract Year consists of 7 months, then the Volume Requirement for that Contract Year shall be 7/12ths of the original Volume Requirement). It is expressly understood that non-compliance with the Volume Requirement will be deemed a material breach of this Agreement even if the Purchase Threshold is met under the Formula Development Agreement executed herewith.
(b) The Volume Requirement of the Products from the Company will be reasonably allocated over the 12 month period of each Contract Year (or over the actual number of calendar months in a Contract Year, if less than 12), to the extent demand on CKE Product permits such allocation.
(c) At all times during the term of this Agreement and at no additional cost to CKE, the Company will maintain a safety stock volume of up to six (6) weeks of Product based on trailing six month period average for system wide availability in the Company’s Ohio storage facilities. CKE reserves the right to arrange all freight carriers and to pick up Product at Company’s manufacturing facility and cold storage warehouses. Addresses for the storage facilities are as follows: CSI Brea Pierre Foods, Inc. Cincinnati Freezer 0000 Xxxxxxx Xxxxxx 0000 Xxxxxxxxx Xxxx 0000 X. Xxxxxx Road Brea, California Cincinnati, Ohio 45246 Xxxxxxxxxx, Xxxx 00000 Attn: Xxxxxxx Xxxxxxx Attn: Xxxx Xxxx Attn: Xxx Xxxxx 000-000-0000 000-000-0000 000-000-0000
(d) The Company acknowledges that the ...
Volume Commitment. (a) Customer agrees to purchase annually form TSMC, either itself or through its Affiliates, the Customer Committed Capacity set forth for such year on Exhibit B and, subject to the payment of the Option Fee by Customer under Section 5 below, TSMC agrees to provide to Customer the TSMC Committed Capacity, as set forth in Exhibit B. In any calender year, the orders placed by Customer or its Affiliates shall first apply to fulfill the Base Capacity portion of the Customer Committed Capacity, and then the Option Capacity portion.
(b) Each month, Customer agrees to provide to TSMC a six-month rolling forecast of the number of wafers that Customer will purchase, with the volume for the first twelve weeks being frozen (i.e., Customer must purchase all of the quantity forecast for the delivery in the first twelve weeks of the forecast). The forecast must be based on wafers out.
(c) TSMC will use its best efforts to cause its fabs to be capable of producing wafers of more advanced specifications, as set forth in the TSMC Technology Road Map attached to Exhibit C. (The parties anticipate that the conversion factor for migration of 6" to 8" inch wafers will 1.78.) 5 ----------------------------------------------------------- Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. -----------------------------------------------------------
Volume Commitment. Awardee shall:
(a) during the Pandemic Period, produce Project Vaccine in quantities which shall be at least equal to the quantities described in the Work Package(s);
(b) during the Pandemic Period, subject only to the Awardee’s supply obligations under the Pre-existing Agreements (including Section 6.3.1 of the Canada Agreement) which have been communicated to CEPI as required under the iPDP, offer the Volume Commitment Percentage of the Project Vaccine produced pursuant to Clause 15.5(a) for purchase by Gavi, CEPI or their respective designees pursuant to Clause 15.3 during the Pandemic Period. For clarity, Awardee may not allocate or agree to supply such Project Vaccine doses to other third parties, other than as required pursuant to the Pre-existing Agreements, during the Pandemic Period without the express written permission of Gavi, CEPI or their respective designee;
(c) After the Pandemic Period, for a period lasting until the later of (i) five years from the end of the Pandemic Period; or (ii) ten years from the Effective Date; subject to the same limitations as Section 15.5(b), if CEPI determines in its reasonable discretion in consultation with the Awardee that a regional but not a global Outbreak exists, then Awardee shall offer a percent of the total quantity of the Project Vaccine produced for purchase by Gavi, CEPI or their respective designees pursuant to Clause 15.3 equal to the Volume Commitment Percentage multiplied by the percentage of the world population that resides in the region in which the Outbreak exists; save that where a regional Outbreak exists in a relatively small population (as reasonably determined by CEPI), the Parties shall discuss in good faith an increase in the Volume Commitment Percentage in order to adequately address such an Outbreak. For example, if the Volume Commitment Percentage was ** and there was an Outbreak in Africa, then, based on 2020 census data, approximately ** of Project Vaccine would be offered for purchase by Gavi;
(d) supply Project Vaccine doses to COVAX in a timely manner that enables COVAX represented economies to receive Project Vaccine in a similar timeframe to other third party customers;
(e) consistent with the commitments in Clauses 15.4 to 15.6, subject only to the Awardee’s supply obligations under the Pre-existing Agreements (including Section 6.3.1 of the Canada Agreement) which have been communicated to CEPI as required under the iPDP, sell the Project Vaccine doses to Gavi, CEPI or th...
Volume Commitment. All terms and conditions pertaining to this section remain the same as set forth in Option Agreements I and II except where stated herein. The new volume commitment is listed in Exhibit B.
Volume Commitment. DRI agrees that the Covered Outlets will purchase [ * ] gallons of CCF’s Fountain Syrup during the Term (the “Volume Commitment”). This Term Volume Commitment will be increased by CCF if DRI or any Subsidiary acquires, after the execution of this Agreement, additional Covered Outlets to which this Agreement will apply.
Volume Commitment. Grass Valley’s may offer an annual volume commitment mechanism, where the Customer agrees to purchase specific volume of Tokens in exchange of discount (Volume Committed Spend). Unless otherwise specified in Grass Valley’s proposal (i) the entirety of the purchased Tokens will be available to Customer upon placing an applicable Order, or (ii) Grass Valley will invoice the amount of the Volume Committed Spend in equal instalments over the Term.
Volume Commitment. If it is commercially beneficial to ADVA, ADVA will make best effort to purchase greater than [**]% of ADVA’s 100G Coherent MSA requirements for calendar years 2011, 2012 and 2013.
Volume Commitment. Appendix 5.2 sets forth APL's/LTS' volume commitments to CSXI and the remedies if APL or LTS fails to meet those commitments.
