Common use of Minimum Volumes Clause in Contracts

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.

Appears in 3 contracts

Sources: Supply Agreement (Silk Road Medical Inc), Supply Agreement (Silk Road Medical Inc), Supply Agreement (Silk Road Medical Inc)