Common use of Minimum Installation Clause in Contracts

Minimum Installation. On or before the later of: [] ([] the "Minimum -------------------- ------- Date"), HOC agrees to have installed any combination of [] Base TT System Tables ---- and/or TT System Tables and/or TT/ST System Tables and/or TT/SJ System Tables in HOC Properties, inclusive of Base TT System Tables and/or TT System Tables and/or TT/ST System Tables installed prior to the Closing Date or pursuant to Section 6.2 (the "Minimum"). So long as MIKN maintains exclusivity under the ------- License Agreement, MIKN shall be HOC's exclusive source of supply for all hardware and software comprising the Base TT System, and the TT, TT/ST and TT/SJ Systems. So long as MIKN maintains exclusivity under the License Agreement, for the first [] years after the Turnover Date, MIKN shall be HOC's exclusive source for servicing and maintaining such hardware and software pursuant to Service and Maintenance Agreements. In the event HOC fails to install the Minimum on or before the Minimum Date, MIKN may, at its option, as its sole remedy, either; (i) declare and deem all License Fees due under Article 8 hereof fully paid up, in which event MIKN's license rights under the License Agreement shall become []; (ii) require HOC to pay MIKN a sum equal to [] ; or (iii) waive HOC's failure to install the Minimum.

Appears in 3 contracts

Sources: Master Development and Purchase Agreement (Mikohn Gaming Corp), Master Development and Purchase Agreement (Mikohn Gaming Corp), Master Development and Purchase Agreement (Mikohn Gaming Corp)