Common use of Minimum Annual Purchase Clause in Contracts

Minimum Annual Purchase. Distributor agrees to market, promote and sell the amount of Products set forth in Exhibit D hereto (the "Minimum Annual Purchase") and to purchase at least this Minimum Annual Purchase from Empyrean. In the event that Empyrean does not obtain the FDA Approval (as defined in Section 5.3.2 below) within 15 months from the date of this Agreement, the parties hereto shall immediately after the expiry of the 15-month period negotiate in good faith for a reduction in the Minimum Annual Purchase amounts. The reduced Minimum Annual Purchase amounts shall thereafter apply until the FDA Approval has been obtained, in which event, the Minimum Annual Purchase amounts specified in Exhibit D shall be reinstated for the year commencing after the FDA Approval has been obtained and for each year thereafter.