Common use of FAILURE TO ACHIEVE INTERNATIONAL PERFORMANCE COMMITMENT Clause in Contracts

FAILURE TO ACHIEVE INTERNATIONAL PERFORMANCE COMMITMENT. If for any calendar year, ▇▇▇▇▇▇ fails to *** of the *** for such calendar year with respect to the International Territory, ▇▇▇▇▇▇'▇ share of the split of International Product Profits pursuant to Sections 6.5(a) and (b) shall be reduced by *** for each *** from the *** commitment level. For example, if ▇▇▇▇▇▇ has outlays equal to only *** of *** and it is entitled to *** of the International Product Profits, ▇▇▇▇▇▇'▇ share of the International Product Profits shall be reduced to *** and Triangle's share of the International Product Profit shall be increased to *** . In no event shall the adjustment to International Product Profits exceed *** . For example, if ▇▇▇▇▇▇ would otherwise be entitled to a *** , ▇▇▇▇▇▇'▇ profit split could not fall below *** as a result of this Section 6.8(b). Notwithstanding the foregoing, ▇▇▇▇▇▇ shall not be deemed to have failed to achieve the required percentage of its commitment if such failure resulted from an event of Force Majeure pursuant to Article 19.

FAILURE TO ACHIEVE INTERNATIONAL PERFORMANCE COMMITMENT. If for any calendar year, ▇▇▇▇▇▇ fails to *** of the *** for such calendar year with respect to the International Territory, ▇▇▇▇▇▇'▇ share of the split of International Product Profits pursuant to Sections 6.5(a) and (b) shall be reduced by *** for each *** from the *** commitment level. For example, if ▇▇▇▇▇▇ has outlays equal to only *** of *** and it is entitled to *** of the International Product Profits, ▇▇▇▇▇▇'▇ share of the International Product Profits shall be reduced to *** and Triangle's share of the International Product Profit shall be increased to *** . In no event shall the adjustment to International Product Profits exceed *** . For example, if ▇▇▇▇▇▇ would otherwise be entitled to a *** profit split, ▇▇▇▇▇▇'▇ profit split could not fall below *** as a result of this Section 6.8(b). Notwithstanding the foregoing, ▇▇▇▇▇▇ shall not be deemed to have failed to achieve the required percentage of its commitment if such failure resulted from an event of Force Majeure pursuant to Article 19.