Common use of Sales Objectives Clause in Contracts

Sales Objectives. The Parties agree that minimum sales objectives are • [***] Products the second year following the Date of Launch; • [***] Products per year, commencing from the third year following the Date of Launch. Non-achievement of such minimum sales’ objectives, will allow ERYTECH to approach the Steering Committee in order to find a suitable solution. In the event that such non-achievement of the minimum sales objectives is not reached for [***] in a period of [***], then ERYTECH shall have the right, within [***] days from the end of the [***] in which Teva did not achieve the minimum sales objective, to [***] in order to [***] and if such is not found by [***], ERYTECH shall have the right to terminate this Agreement by [***], in which event [***]. In the event that the Agreement is not [***], and TEVA [***], ERYTECH shall have the right [***] to [***] in order to [***] and if such is not found, to provide TEVA with [***]. ERYTECH shall not pay TEVA any indemnity or reimbursements whatsoever for terminating this Agreement in accordance with this Article 7. For the avoidance of any doubt: • [***] shall not be included in the minimum sales objectives, • TEVA shall not be responsible or liable for any non-achievement of such minimum sales’ objectives if such non-achievement results from events or circumstances reasonably beyond the control of TEVA (or any of its Representatives) and which, despite the exercise of reasonable diligence, TEVA is unable to prevent, avoid or remove.