Common use of Sales Commitment Clause in Contracts

Sales Commitment. In addition to the efforts described herein, Agent hereby agrees to the minimum sales commitments for CryoCath Products during the term of the Agreement ("Sales Commitment") set forth on Exhibit C. Agent must meet all the annual Sales Commitments at the end of each twelve-month term and must meet 40% of the first term's commitment by the end of the first 9 months of that first term and 40% of the second term's commitment by the end of the first nine months of the second term (hereafter referred to as the "Interim Term Targets"). It is understood that the twelve month period referred to with respect to the interim and annual sales commitments will commence as of January 1, 2005. Throughout the term of this Agreement, if Agent fails to meet any of Sales Commitment or meet the Interim Term Targets, Agent's appointment may at CryoCath's option, automatically become non-exclusive for the remaining term of this Agreement subject to a 30-day cure period, without prejudice to CryoCath's other rights under this Agreement (including the right to terminate this Agreement upon written notice to Agent) and CryoCath may appoint one or more additional agents for sale of the Products or solicit orders for the Products directly in the Territory for the remaining term of this Agreement. Products returned to CryoCath for reason other than Product defect shall not count towards the fulfillment of Agent's relevant Sales Commitment or Interim Targets .

Sales Commitment. In addition to the efforts described herein, Agent hereby agrees to the minimum sales commitments for CryoCath Products during the term of the Agreement ("Sales Commitment") set forth on Exhibit C. Agent must meet all the annual Sales Commitments at the end of each twelve-month term and must meet 40% of the first term's commitment by the end of the first 9 months of that first term and 40% of the second term's commitment by the end of the first nine months of the second term (hereafter referred to as the "Interim Term Targets"). It is understood that the twelve month period referred to with respect to the interim and annual sales commitments will commence as of January Januray 1, 2005. Throughout the term of this Agreement, if Agent fails to meet any of Sales Commitment or meet the Interim Term Targets, Agent's appointment may at CryoCath's option, automatically become non-exclusive for the remaining term of this Agreement subject to a 30-day cure period, without prejudice to CryoCath's other rights under this Agreement (including the right to terminate this Agreement upon written notice to Agent) and CryoCath may appoint one or more additional agents for sale of the Products or solicit orders for the Products directly in the Territory for the remaining term of this Agreement. Products returned to CryoCath for reason other than Product defect shall not count towards the fulfillment of Agent's relevant Sales Commitment or Interim Targets .