Common use of Minimum Purchase Obligation Clause in Contracts

Minimum Purchase Obligation. Throughout the Term, Isologic guarantees to purchase from LMIC at least the following quantities of Products (each of clauses (a) through (e) individually, a Product’s applicable “Minimum Purchase Requirement” and, collectively, the “Minimum Purchase Requirements”): (a) percent (***%) of the Isologic Radiopharmacies’ total requirements of Generators (measured in curies purchased, regardless of size); (b) percent (***%) of the Isologic Radiopharmacies’ total requirements of Thallium (measured in millicuries purchased, regardless of size); (c) percent (***%) of the Isologic Radiopharmacies’ total requirements of Gallium (measured in millicuries purchased, regardless of size); (d) All of the Third Party Products in LMIC’s inventory as of the Effective Date in the quantities set forth in the Product Schedule. Throughout the Term, Isologic agrees that ***. Notwithstanding the foregoing, Isologic will not be deemed to be in breach of Section 3.1(a) to the extent that the specific quantities of product required to be purchased by Isologic under its Conflicting Agreement causes it to fail to meet its Minimum Purchase Requirements for the analogous Product in any Measurement Period through the ***. For the avoidance of doubt, (1) the full amount of the Minimum Purchase Commitments for all other Products for all Measurement Periods will apply at all times throughout the Term and (2) the full amount of the Minimum Purchase Commitments for such analogous Product for all Measurement Periods commencing in the *** will apply at all times throughout the Term.