Annual Minimum Purchase Quantity Clause Samples

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Annual Minimum Purchase Quantity. DKSH shall comply with the Annual Minimum Purchase Quantity in the Territory in any Calendar Year during the Term as set out in Annex 3. In the event that DKSH does not meet the Annual Minimum Purchase Quantity in the Territory in any Calendar Year during the Term, DKSH shall compensate the difference between the Annual Actual Purchase Quantity and 90% of the Annual Minimum Purchase Quantity at the Supply Price, except where the reason for the shortfall in Annual Purchase Amount is attributable to changes in government purchasing regulations or other external factors which are outside the control of DKSH. DKSH shall pay the difference within twenty-one (21) days as from the receipt of the notice from CMS. If DKSH fails to pay the difference within the agreed time, CMS shall be entitled to terminate the Agreement with a three (3) months advance notice in which case CMS claim against DKSH shall be waived. In the event of changes of government purchasing regulations, both Parties shall enter into negotiation in good faith to resolve the issue. In the event that DKSH fails to meet the Annual Minimum Purchase Quantity in two (2) consecutive Calendar Year during the Term or DKSH fails to meet the 70% of the Annual Minimum Purchase Quantity in any Calendar Year during the Term, CMS is entitled to terminate the Agreement as per Article 10.3.
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Related to Annual Minimum Purchase Quantity

  • Minimum Purchase Broker-Dealer shall not sell fewer than $5,000 in Notes to any purchaser without the prior written consent of Issuer.

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • MINIMUM ORDER QUANTITY The State makes no commitment to purchase any minimum or maximum quantity, or dollar volume of products from the selected suppliers. Utilization of this agreement will be on an as needed basis by State Agencies and/or Cooperative Participants, Cities, Counties, Schools K-12, Colleges and Universities. The State will award to multiple suppliers; however, the State reserves the right to purchase like and similar products from other suppliers as necessary to meet operational requirements.

  • Contract Year A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.

  • Minimum Purchase Requirements Distributor shall make the minimum annual purchase of Products established in Exhibit B, unless the Agreement has become coexclusive. In the period within the fixed term and extension, if applicable, of the Agreement under Section 10(a) subsequent to [ * ], the parties shall meet in San Francisco at least [ * ] prior to the beginning of each of respective year to discuss market conditions and appropriate minimum purchases for such year. In the event that the parties fail to agree on an appropriate minimum any year subsequent to [ * ], the minimum annual purchase requirement for such year shall be calculated increasing or decreasing (as the case may be) the minimum purchase requirement for the preceding year in proportion to the increase or decrease in the [ * ] (based on data from mutually acceptable data provider) of the applicable product in the Territory. In the event Supplier is unable to deliver Products ordered by Distributor in an amount consistent with the most recent forecast, then the minimum annual purchase requirement shall be reduced by the quantity of Products that Supplier is unable to deliver when requested. In the event Distributor fails in any year (a “Shortfall Year”) to make the annual minimum purchase of Agreement Products required by Exhibit B, Supplier shall have the right to give Distributor written notice of default, and if such failure to make the minimum purchase is not cured (through the purchase of an amount of Agreement Product equal to the entire shortfall in the Shortfall Year, which amount shall not be counted towards any minimum purchase requirements for the year of purchase) within [ * ] of receipt of the notice, then Supplier shall have the right, in Supplier’s sole discretion and as Supplier’s sole remedy for Distributor’s failure to meet the minimum purchase requirements hereunder, either to convert the appointment of Distributor from exclusive to non-exclusive or to terminate this Agreement. In the event of either conversion to non-exclusive or termination of this Agreement pursuant to this Section 3(e), the Supplier shall pay Distributor a conversion fee equal to [ * ], and Distributor shall transfer all Regulatory Approvals relating to BMS or DES in the Territory to Supplier.