Common use of Failure to Perform Required Number of Details Clause in Contracts

Failure to Perform Required Number of Details. 6.3.1 If during any Trimester beginning on or after January 1, 2007 a Party (the “Defaulting Party”) performs a number of Details that is less than [***] of such Party’s Trimesterly Details Requirement (defined below) for such Trimester, then such Defaulting Party shall pay to other Party, within thirty (30) days after the end of such Trimester, an amount (the “Detail Shortfall Amount”) equal to the product of (i) the [***], multiplied by (ii) (A) such Defaulting Party’s Trimesterly Details Requirement for such Trimester, less (B) the number of Details actually performed by such Defaulting Party during such Trimester. With respect to any Trimester beginning on or after January 1, 2007, a Party’s “Trimesterly Details Requirement” shall be equal to the Mandatory Detail Requirement for the Trimester set forth in the Business Plan.