Examples of Annual Minimum Purchase in a sentence
This could jeopardize America’s economic recovery and its long-term competitiveness while making it even more difficult to reduce the U.S. trade deficit.
Beyond Contract Year Two, the parties were to use good faith efforts to mutually agree on Annual Minimum Purchase quantities, and if after such good faith negotiations, the parties were unable to agree on the Annual Minimum Purchase for the next contract year, the amount would be the same as the then-current Contract Year.
Therefore, at the same time Nipro was claiming it could not meet Trividia’s Annual Minimum Purchase requirement because of “market forces,” it was nevertheless entering into competing agreements that contained yearly minimum purchase requirements.
Thus, Section 3.2 of the IDA states:A rolling 12 (12) month purchase forecast is required within fifteen(15) days of the execution date of this Agreement matching or exceeding the Annual Minimum Purchase for the first Contract Year as set forth in Schedule C attached hereto.
A critical path is the one that can cause a delay of the project because there is no slack time on the critical path.
Thus, Nipro cannot— and does not—contend that termination of the IDA was improperly based on Nipro’s failure to purchase the Year Three Annual Minimum Purchase amount during Contract Year Three or Nipro’s failure to provide forecasts.
Nipro also admittedly failed to meet the Annual Minimum Purchase requirement for Contract Year Three during Contract Year Three, even though this Tribunal issued a Partial Final Award explaining that Trividia could seek damages for Nipro’s failure to meet its annual minimum obligations.
The Agreement set a specific Annual Minimum Purchase amount for Contract Year One in the amount of 3,400,000 fifty (50)-count vials of strips (170,000,000 strips), which equates to a price of $17,850,000; and for Contract Year Two in the amount of 3,600,000 fifty (50)-count vials of strips (180,000,000 strips), which equates to a price of $18,900,000.
As set forth above, Nipro materially breached the IDA in a number of ways, including by failing to meet the Annual Minimum Purchase for Contract Year Three, by failing to provide forecasts, and by misusing Trividia’s licensed trademarks in violation of the IDA to “switch” customers over to its competing product.
Specifically, Section 2.2 states:Commencing from the second Contract Year, in the event that the parties have not agreed on the Annual Minimum Purchase for the next Contract Year during the initial or any renewal term, then the parties shall use good faith efforts to mutually agree on the Annual Minimum Purchase for the next Contract Year prior to the end of the then current Contract Year.