Minimum Volumes Sample Clauses

Minimum Volumes. Except as set forth in Section 3.3.1, commencing the first calendar year following the later of (i) FDA approval or clearance of the Product, or (ii) FDA approval or clearance of the SRM Neuroprotection System, SRM agrees that SRM will purchase (A) a minimum of [***********] units of Product during the first full calendar year, and (B) minimum of [**********] units of Product annually thereafter (the “Minimum Volume”). The Minimum Volume shall be binding on SRM until the natural expiration of the License Agreement, due to expiration of the last-to-expire of the Licensed IP, if the License Agreement remains in effect through such natural expiration, For the avoidance of doubt, Cordis may terminate this Agreement according to Section 11.2., if SRM fails to meet the Minimum Volume requirement set forth in this Section 3.3 and Section 3.3.1.

Minimum Volumes. There will be no requirement for Minimum Volume under this CDP to maintain exclusivity.

Minimum Volumes. CMC shall be obligated to purchase from Cabot during each six month period covered by a Six Month Forecast a "Minimum Volume," meaning at least [ ]% of the aggregate volumes of Fumed Silica forecasted to be purchased by CMC as set forth in each Six Month Forecast. Cabot and CMC recognize that damages for CMC's failure to purchase Minimum Volumes would be difficult to ascertain and prove. Cabot and CMC agree that if, during any six month period CMC fails to purchase from Cabot the Minimum Volume of Fumed Silica for such six month period, CMC shall pay to Cabot liquidated damages in an amount equal to the product obtained by multiplying (i) the difference (in pounds) between (x) the applicable Minimum Volume and (y) the amount of Fumed Silica actually purchased by CMC during the relevant six month period times (ii) $[ ]. Cabot and CMC agree that such liquidated damages are the sole and exclusive remedy for CMC's failure to purchase Minimum Volumes. Cabot and CMC further agree that such liquidated damages represent a reasonable estimate of Cabot's damages and do not constitute a penalty.

Minimum Volumes. 11.3.1 The lessee shall procure that - 11.3.1.1 the lessee delivers to ACSA by not later than four business days after the twentieth day of each calendar month of this agreement, or such other date as required by ACSA, a statement showing the total volume of aviation fuels (including without limitation the total volume of aviation fuels ready and certified in terms of JIG for use by and delivery to aircraft ("usable aviation fuels"), stored in the bulk fuel site and conveyed through the hydrant system and ground service equipment by the lessee (and any throughputters) on each day during the immediately preceding calendar month; 11.3.1.2 the total volume of usable aviation fuels stored at the bulk fuel site shall (subject to 11.3.1.3 it shall (subject to 11.3.2 and 7) at all times maintain sufficient volumes of usable aviation fuels and related products at the bulk fuel site in order to at all times satisfy the demand of their respective customers for usable aviation fuels and/or related products at the airport. 11.3.2 In the event of any special circumstances which are likely to result in a temporary increase in the number of aircraft using the airport and/or a temporary increase in the demand for usable aviation fuels at the airport (for example, without limitation, the 2010 Soccer World Cup), ACSA shall be entitled (by giving the lessee at least six months prior written notice thereof) to require the lessees (who shall be obliged) to store at the bulk fuel site (for the period of such special circumstances and periods of thirty days both before and after such special circumstances commence and end (collectively "special periods")) such additional volumes (not exceeding the total storage capacity of the bulk fuel site) of usable aviation fuels as ACSA may stipulate in such notice. The provisions of 11.3.3 shall apply mutatis mutandis if the usable aviation fuels stored at the bulk fuel site is (at any time during the special periods) less than the amount stipulated by ACSA in such notice. 11.3.3 Without prejudice to any of ACSA's rights under this agreement and/or at law, should the usable aviation fuels stored at the bulk fuel site be less than two times the daily average (as calculated in terms of 11.3.

Minimum Volumes. 7.1 PRODUCER shall sell to EXPORTER and EXPORTER shall purchase from PRODUCER the following volume of the PRODUCTS: 1997 4 loads per week 1998 8 loads per week 1999 12 loads per week 7.2 PRODUCTS purchased from PRODUCER by EXPLORER do not have to be shipped to Japan, but will be included in the total weekly order weight.

Minimum Volumes. EPI agrees to process raw paint sludge using the ASTER ART at a volume rate shown in Schedule 1 attached. This minimum volume requirement is subject to the following assumptions: a) the ART is capable of processing this volume in a commercially acceptable manner. b) EPI has the manufacturing capability to process the scheduled volumes as set forth on Schedule 1, or in the alternative, will use its reasonable efforts to complete the financing and construction of an "ASTER system" at its Toledo facility, in a timely fashion. c) The use of the ART by EPI, EPI's sublicensees, or other third party permitted to use the ART under this agreement does not place them in a position where they are operating in violation of any governmental regulations or laws. In the unlikely event the use of the ART is suspended for any reason relative to government regulations or laws, then all minimum payments and volume requirements are suspended until such time as EPI, et. al. is permitted to reestablish an active use of the ART. If and when such a suspension is invoked, then ASTER and EPI will meet at the earliest possible date to determine a method and action plan to resolve the reason for the suspension of operations.

Minimum Volumes. (a) CMC shall be obligated to purchase from Cabot, during each six month period covered by a Six Month Forecast (each, a “Six Month Forecast Period”), a “Minimum Volume,” meaning at least 90% of the aggregate volumes of Fumed Silica forecasted to be purchased by CMC as set forth in such Six Month Forecast; provided however, that if CMC fails to meet the ▇▇▇▇▇ Minimum Volume (as defined in Section 2.4(b) below) during any Six Month Forecast Period and CMC is required to pay compensation under Section 2.4(b) below in connection with such ▇▇▇▇▇ Shortfall (as defined in Section 2.4(b) below), then the ▇▇▇▇▇ Shortfall shall be subtracted from the applicable Minimum Volume for the purposes of the liquidated damages calculation set forth below in this Section 2.4(a)(i)(x) for such Six Month Forecast Period. Cabot and CMC recognize that damages for CMC’s failure to purchase the Minimum Volumes would be difficult to ascertain and prove. Cabot and CMC agree that if, during any Six Month Forecast Period, CMC fails to purchase from Cabot the Minimum Volume of Fumed Silica for such Six Month Forecast Period, CMC shall pay to Cabot liquidated damages in an amount equal to the product obtained by multiplying: (i) the difference (in pounds) between the (x) the applicable Minimum Volume and (y) the amount of Fumed Silica actually purchased by CMC during the relevant Six Month Forecast Period; times (ii) $1.35. (b) CMC will order from Cabot a minimum of [***] pounds (“▇▇▇▇▇ Minimum Volume”) of Fumed Silica from ▇▇▇▇▇ B unit (“▇▇▇▇▇ B Fumed Silica”) during each Six Month Forecast Period during Term Year 4, Term Year 5 and Term Year 6. For the purposes of this Section 2.4, all Fumed Silica ordered by CMC shall be counted in the Six Month Forecast Period ordered, and actual order quantities shall be calculated from quantities invoiced to CMC, even if such Fumed Silica is not shipped, delivered or invoiced to CMC until the following Six Month Forecast Period. In the event that in any Six Month Forecast Period during Term Year 4, Term Year 5 or Term Year 6 CMC does not order the ▇▇▇▇▇ Minimum Volume (the difference, in pounds, between such ▇▇▇▇▇ Minimum Volume, and the aggregate volume of ▇▇▇▇▇ B Fumed Silica ordered by CMC in any such Six Month Forecast Period (to the extent less than the ▇▇▇▇▇ Minimum Volume) is referred to herein as the “▇▇▇▇▇ Shortfall”), then subject to the provisions of Section 2.4(c) below, CMC will pay Cabot the following amounts for any such Six Month F...

Minimum Volumes. 5.1 It is a condition of this Agreement that not less than 300,000 Parcels shall be posted under this Agreement in each year of the Agreement, calculated from the Commencement Date given in the Preface. 5.2 The Customer agrees that if it is unable to satisfy the condition in clause 5.1 above in any year of the Agreement, it shall migrate to the Packetpost Returns contract (a copy of which is attached to this Agreement at Schedule 3) for the remainder of the term of this Agreement and shall pay postage for Parcel Returns on the basis set out in the Packetpost Returns contract. Royal Mail will calculate the Charges according to the traffic profile of items received in each year.

Minimum Volumes. 4.1 The Distributor shall supply the Supplier with a single order for 65 units of the Product within the first 12 months of this agreement at the price defined in clause 9.1 (the Minimum Volume). 4.2 If the Minimum Volume is not purchased within the first 12 months, this agreement: (a) May be terminated by the Supplier; (b) The Option shall lapse; or (c) Remain in place but all exclusivity rights in clause 3.1 shall be removed and the Supplier shall be released from the restrictions in clause 3.2.