Volume Commitments. Subject to the terms and conditions of this Supply Agreement and in accordance with the procedures set forth in Section 3.3 (Purchase Orders; Purchase Order Releases; Specialty Wafers), Conexant will submit Purchase Orders to Company for the manufacture of, and will purchase pursuant to such Purchase Orders, Wafers in volumes sufficient to meet the minimum MPD purchase commitments set forth in Exhibit B, Schedule 1 (the “Wafer Volume Commitments”), at the prices set forth below.
Volume Commitments. (a) Commencing with the full month following the Effective Date and during the term of this Agreement, unless terminated by Purchaser per Section 10, the quantity of Product covered by this Agreement shall be all of Purchaser’s requirements for the Stations.
(b) Notwithstanding the foregoing, during any period of this Agreement for which the amount of any such Product that Supplier is required to supply to Purchaser is prescribed by government rules, regulations or orders, the quantity of such Product to be supplied by Supplier to Purchaser covered hereby shall be the quantity so prescribed instead of the quantity described in Section 2(a) above.
(c) In the event that Supplier is unable to distribute all motor fuel volumes that Purchaser desires to purchase from the Supplier, Purchaser may purchase from third parties its requirements of any motor fuel volumes in excess of the amounts of such motor fuel supplied by the Supplier.
Volume Commitments. During the first ten (10) years of this Agreement, Shipper will deliver to Gatherer for Gathering from the Committed Area the following minimum quantities of Gas each year (each an “Annual Volume Commitments”)- Contract Year 1: [***] MMBtu Contract Year 6: [***] MMBtu Contract Year 2: [***] MMBtu Contract Year 7: [***] MMBtu Contract Year 3: [***] MMBtu Contract Year 8: [***] MMBtu Contract Year 4: [***] MMBtu Contract Year 9: [***] MMBtu Contract Year 5: [***] MMBtu Contract Year 10: [***] MMBtu
Volume Commitments. (a) DOMESTIC VOLUME COMMITMENT. In the event that the Company's aggregate MOUs over Access Component D (calculated for the period commencing on the Commercial Commencement Date and ending on the first anniversary of the Commercial Commencement Date, and for each annual period thereafter (each, a "MEASUREMENT PERIOD")) shall decline from one (1) Measurement Period to the next succeeding Measurement Period, other than as a result of Domestic MOUs that have migrated from the Sprint network as a result of (i) Market Forces, (ii) the receipt of services by the Company from any other provider pursuant to SECTION 6.1(A) hereof or (iii) the provision by Sprint of Virtual Bulk Transport (such net difference in Domestic MOUs, the "DOMESTIC SHORTFALL"), the Company shall pay to Sprint an amount equal to the Domestic Volume Commitment Charge.
Volume Commitments. The aggregate tonnage of LICENSED PRODUCT produced under the GRANT BACK SUBLICENSE and any permitted sub-sublicense under the GRANT BACK SUBLICENSE will be capped as pursuant to Table 4.18.1. Years after the Aggregate Annual RESTATEMENT tonnage of LICENSED EFFECTIVE DATE PRODUCT, geography 0-5 metric tons per year, cumulative for all REGIONs Beyond Year 5 metric tons per year, per REGION
Volume Commitments. A. Buyer's and Supplier's volume obligations and sales commitments for [ ] are set forth in Addendum D for the years set forth therein.
B. Notwithstanding the volume obligations described above and set forth in detail in Addendum D of this Agreement, in the event that (i) Buyer is made a party to litigation arising from a claim of intellectual property infringement for which Buyer is indemnified, pursuant to Section 14 above, and (ii) Buyer determines, in good faith, after a thorough review of the claim, underlying patent, requested relief, Buyer's defenses and other relevant facts, that Supplier's indemnification obligation (which Supplier has the unilateral right to increase) would not be adequate with respect to the potential liability to such person, [ ], unless Supplier agrees in writing to increase the amount of the Liability Cap set forth in Section 14 to a level which exceeds Buyer's good faith estimate of the amount of the likely damages to be incurred in such lawsuit.
C. Notwithstanding the volume obligations described above and set forth in detail in Addendum D of this Agreement, in the event Supplier does not supply a particular Item for the reasons stated in Section 14C above, Supplier shall be released from its contractual obligation to supply the affected Item to Buyer.
Volume Commitments. A. Buyer's and Supplier's volume obligations and sales commitments for [ ] are set forth in Addendum D for the years set forth therein.
B. Notwithstanding the volume obligations described above and set forth in detail in Addendum D of this Agreement, in the event that (i) Buyer is made a party to litigation arising from a claim of intellectual property infringement for which Buyer is indemnified, pursuant to Section 14 above, and (ii) Buyer determines, in good faith, after a thorough review of the claim, underlying patent, requested relief, Buyer's defenses and other relevant facts, that [ ], unless Supplier agrees in writing to increase [ ] set forth in Section 14 to a level which exceeds [ ].
C. Notwithstanding the volume obligations described above and set forth in detail in Addendum D of this Agreement, in the event Supplier does not supply a particular Item for the reasons stated in Section 14C above, Supplier shall be released from its contractual obligation to supply the affected Item to Buyer.
Volume Commitments. In performing its obligations as a Dealer under this Agreement, neither Party will be subject to any volume commitment with respect to such Party’s sale of a Primary Party’s Products under this Agreement.
Volume Commitments a. Supplier agrees to use commercially reasonable best efforts to supply to Company, and Company agrees to use commercially reasonable best efforts to purchase from Supplier, the following volumes of the Product:
i. For two (2) years immediately following the Amendment Effective Date, 2.5 million Tons per year.
ii. Following the two (2) year period referenced above, upon sixty (60) days written notice to the other Party, Supplier or Company may reduce the volume commitment to 1 million Tons per year for the remainder of the Term; provided, however, that Company shall have the option to reject such reduction within fourteen (14) days of receiving notice from Supplier by giving written notice of the rejection to Supplier.
b. Notwithstanding the volume commitments set forth above, from the Amendment Effective Date until the establishment of Supplier’s operations in Arland, Wisconsin, the annualized tonnage of Product to be supplied hereunder shall be 1.5 million Tons. Until establishment of Supplier’s Arland, Wisconsin operations, under no circumstances shall Supplier’s failure to supply more than 1.5 million Tons on an annualized basis be deemed a breach of its obligations under the Agreement.
Volume Commitments. The prices and discounts listed in EXHIBIT A are predicated upon EquipNet members agreeing to purchase, as a group, first year $4.0 million ($1,00,000 quarterly); second year $6.0 million ($1,500,000 quarterly).
