Minimum Volume. Notwithstanding Section 3.1 hereof, during any calendar month in which Orbitz fails to achieve the Minimum Volume set forth in Section 2.3 above, Pegasus shall not pay any amount to Orbitz pursuant to Section 3.1 hereof with respect to that calendar month. Pegasus' rights under this Section 3.1 A shall constitute Pegasus' sole and exclusive remedy with respect to any failure by Orbitz to meet the Minimum Volume, subject to Pegasus' termination right set forth in Section 2.3 above, which if exercised shall be Pegasus' sole and exclusive remedy for Orbitz' refusal or failure to maintain the Minimum Volume."
Appears in 2 contracts
Sources: Third Party Private Label Interface Agreement (Orbitz Inc), Third Party Private Label Interface Agreement (Orbitz Inc)