Subsequent Contract Years. a) For the second through to the fifth contract year, Buyer agrees to purchase a minimum quantity equal to [***]% of the total minimum quantities in effect for the preceding Contract Year. b) In order for the Buyer to maintain exclusivity of the Products in the Territory, the Buyer agrees to purchase the minimum annual quantities for the US and for the Country Groups and countries set forth on Schedule E as set forth in Sections 3.1 and 3.2, respectively, and under the terms set forth in this Agreement. If the Buyer fails to meet the minimum annual quantities as set forth in Sections 3.1 and 3.2, the Buyer's exclusivity right in the US and/or the Country Groups and countries set forth on Schedule E, respectively, will automatically revert to Vivier. 4. PRICE; PAYMENT, MARKETING RESPONSIBILITY;
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Subsequent Contract Years. a) For the second through to the fifth contract year, Buyer agrees to purchase a minimum quantity equal to [***]107.5% of the total minimum quantities in effect for the preceding Contract Year.
b) In order for the Buyer to maintain exclusivity of the Products in the Territory, the Buyer agrees to purchase the minimum annual quantities for the US and for the Country Groups and countries set forth on Schedule E as set forth in Sections 3.1 and 3.2, respectively, and under the terms set forth in this Agreement. If the Buyer fails to meet the minimum annual quantities as set forth in Sections 3.1 and 3.2, the Buyer's exclusivity right in the US and/or the Country Groups and countries set forth on Schedule E, respectively, will automatically revert to Vivier.
4. PRICE; PAYMENT, MARKETING RESPONSIBILITY;
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