Minimum Performance Levels Sample Clauses

Minimum Performance Levels. Osiris shall use its commercially reasonable best efforts to Deliver Product to NuVasive at least in the quantities set forth below during the applicable periods (“Minimum Performance Levels”) and shall Deliver any such Product according to Product unit size and brand name specifications established by NuVasive and set forth in each Order. NuVasive shall provide Orders to purchase from Osiris Product in quantities of at least the Minimum Performance Level for the applicable period. Minimum Performance Applicable Period Level Delivered (cc) Effective Date to April 15, 2009 125,000 April 16, 2009 to eighteen (18) months following the Technology Closing Date (as defined in the Asset Purchase Agreement) 125,000
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Minimum Performance Levels. Lessor agrees to use commercially reasonable efforts to achieve the Minimum Performance Levels as set forth in Schedule 4.2 by the Scheduled Commercial Operation Date.
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Minimum Performance Levels. The Minimum Performance Levels are as follows:
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Minimum Performance Levels. Provider shall meet the following minimum performance levels:
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Minimum Performance Levels. Notwithstanding anything herein to the contrary, it is a requirement that the Plant achieve the Guaranteed Performance Levels as determined pursuant to Section 11.09(b) no later than one hundred eighty (180) days after the Commercial Operation Date of each Phase. Provided that each phase maintains Minimum Performance Levels, the Contractor shall have the option during the one hundred eighty (180) day period provided above to pay liquidated damages in lieu of Guaranteed Performance Levels as specified in Section 11.05. There are not liquidated damages payable by the Contractor hereunder in lieu of achieving the emissions guarantee and the noise guarantee for the Plant. The Parties agree that the Plant can only be operated in compliance with all Applicable Permits. Notwithstanding anything contained herein to the contrary, in the event that a phase has achieved Commercial Operation and prior to Final Acceptance, such phase is not capable of being operated in accordance with all the Plant's operating procedures and all applicable permits and the other requirements of this Agreement, and all operating conditions specified in the Scope of Work, Contractor shall be in default of this Agreement.
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Minimum Performance Levels. SST shall use reasonable efforts to -------------------------- maximize Product sales in the Territory. During each year, SST shall meet the minimum performance requirements set for in Exhibit E hereto (collectively, "Minimum Performance Requirements"). If SST does not meet the Minimum Performance Requirements during the second and third years of the Initial Term (as defined in Section 14.1 below), or does not meet at least [*] of the Minimum Performance Requirement during the first year of the Initial Term, FMT shall have the right, at its option, to terminate this Agreement for cause pursuant to Section 14.3 hereof. If during the first year of the Initial Term SST does not meet the Minimum Performance Requirement, but does meet at least [*] of the Minimum Performance Requirement, then SST shall [*]; provided however, that if SST does not make up the difference [*], FMT shall have the right, at its option, to terminate this Agreement for cause pursuant to Section 14.3 hereof. FMT shall exercise this right by providing [*] written notice to SST. In such event, SST's rights under this Agreement with respect to the Products shall convert to non-exclusive during the [*] notice period. It is understood and agreed that notwithstanding any other provision of this Agreement, FMT shall be under no obligation to continue the production of any Products.
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Minimum Performance Levels. Distributor agrees to purchase the number of units of Products per calendar year during the term of this Agreement that is set forth on Exhibit C; provided, however, that such minimum performance levels shall be appropriately adjusted by Supplier and Distributor if: (i) one or more events of force majeure affect Distributor’s ability to meet such levels; (ii) Supplier is unable or refuses to sell Products to Distributor when Distributor orders them; (iii) Products are deleted from this Agreement, (iv) Product registrations are delayed or denied by local governing agencies through no fault of Distributor, (v) Supplier is unable or refuses to supply reasonable data or information to comply with local governing agencies, (vi) approval for Product reimbursement is delayed or denied by local governing agencies, or (vii) Product reimbursement levels established by government regulatory authorities in the Territory do not allow Distributor to realize a minimum gross profit (defined as revenues from sales of Products less Product costs, as well as taxes and shipping expenses incurred in connection therewith) of forty (40) percent based on existing Supplier pricing. After the years listed in Exhibit C, Distributor and Supplier shall agree on the minimum performance level for each country for each calendar year. If Distributor and Supplier do not agree on acceptable minimum performance levels for any given year or country in the Territory prior to the commencement of such year, Supplier shall have the right to terminate Distributor’s distribution rights hereunder for any country where the parties do not agree to minimum performance levels; provided, however, the percentage increase in minimum performance levels for any year or country in the Territory will not be greater than seven (7) percent over the previous year’s minimum performance level unless mutually agreed upon. All other rights, terms and conditions in the Agreement for the remaining parts of the Territory would survive the termination of any country.
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Minimum Performance Levels. Distributor agrees to purchase the number of units of Products per calendar year during the term of this Agreement (beginning with the first date of promoted sales of Products by Distributor in the Territory) as agreed between the parties; provided, however, that such minimum performance levels shall be appropriately adjusted by Supplier and Distributor if: (i) one or more events of force majeure affect Distributor’s ability to meet such, levels; (ii) Supplier is unable or refuses to sell Products to Distributor when Distributor orders them; (iii) Products are deleted from this Agreement, (iv) Product registrations are delayed or denied by local governing agencies through no fault of Distributor, (v) Supplier is unable or refuses to supply reasonable data or information to comply with local governing agencies, (vi) approval for Product reimbursement is delayed or denied by local governing agencies, or (vii) Product reimbursement levels established by government regulatory authorities in the Territory do not allow Distributor to realize a minimum gross profit (defined as revenues from sales of Products less Product costs, as well as taxes and shipping expenses incurred in connection therewith) of
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Minimum Performance Levels. $2,000 per annum for the period beginning on the date an amount first becomes payable under clause 12 of the Original Research Agreement until the end of the Further Term of this Agreement. APPENDIX -TO SECOND RESEARCH AGREEMENT
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Related to Minimum Performance Levels

  • Performance Measure The specific representation of a process or outcome that is relevant to the assessment of performance; it is quantifiable and can be documented

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Performance Standard Contractor shall perform all work hereunder in a manner consistent with the level of competency and standard of care normally observed by a person practicing in Contractor's profession. County has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor hereby agrees to provide all services under this Agreement in accordance with generally accepted professional practices and standards of care, as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Contractor’s work by County shall not operate as a waiver or release. If County determines that any of Contractor's work is not in accordance with such level of competency and standard of care, County, in its sole discretion, shall have the right to do any or all of the following: (a) require Contractor to meet with County to review the quality of the work and resolve matters of concern; (b) require Contractor to repeat the work at no additional charge until it is satisfactory; (c) terminate this Agreement pursuant to the provisions of Article 4; or (d) pursue any and all other remedies at law or in equity.

  • KEY PERFORMANCE INDICATORS 10.1 The Supplier shall at all times during the Framework Period comply with the Key Performance Indicators and achieve the KPI Targets set out in Part B of Framework Schedule 2 (Goods and/or Services and Key Performance Indicators).

  • Performance Measures The System Agency will monitor the Grantee’s performance of the requirements in Attachment A and compliance with the Contract’s terms and conditions.

  • Annual Performance Bonus In the discretion of the Company's Compensation Committee, the Executive shall be eligible to receive an annual performance bonus payable in cash for each full or partial fiscal year of the Company during the Employment Period in accordance with the Company's performance-based bonus program for Executive Officers.

  • Threshold Neither the Seller nor the Purchaser shall be required to make any indemnification payment pursuant to Section 8.1 or 8.2, respectively, until such time as the total amount of all Damages that have been directly or indirectly suffered or incurred by an Indemnified Party, or to which an Indemnified Party has or otherwise becomes subject to, exceeds $50,000 in the aggregate. At such time as the total amount of such Damages exceeds $50,000 in the aggregate, the Indemnified Party shall be entitled to be indemnified against the full amount of such Damages (and not merely the portion of such Damages exceeding $50,000).

  • Performance Requirements 1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct or operation of an investment of an investor of a Party or of a non-Party in its territory:

  • Performance Metrics In the event Grantee fails to timely achieve the following performance metrics (the “Performance Metrics”), then in accordance with Section 8.4 below Grantee shall upon written demand by Triumph repay to Triumph all portions of Grant theretofore funded to and received by Grantee:

  • Service Levels Annex 1 to this Part A of this Call Off Schedule sets out the Service Levels the performance of which the Parties have agreed to measure. The Supplier shall monitor its performance of this Call Off Contract by reference to the relevant performance criteria for achieving the Service Levels shown in Annex 1 to this Part A of this Call Off Schedule (the Service Level Performance Criteria) and shall send the Customer a Performance Monitoring Report detailing the level of service which was achieved in accordance with the provisions of Part B (Performance Monitoring) of this Call Off Schedule. The Supplier shall, at all times, provide the Services in such a manner that the Service Levels Performance Measures are achieved. If the level of performance of the Supplier of any element of the provision by it of the Services during the Call Off Contract Period: is likely to or fails to meet any Service Level Performance Measure or is likely to cause or causes a Critical Service Failure to occur, the Supplier shall immediately notify the Customer in writing and the Customer, in its absolute discretion and without prejudice to any other of its rights howsoever arising including under Clause 12 of this Call Off Contract (Service Levels and Service Credits), may: require the Supplier to immediately take all remedial action that is reasonable to mitigate the impact on the Customer and to rectify or prevent a Service Level Failure or Critical Service Level Failure from taking place or recurring; and if the action taken under paragraph (a) above has not already prevented or remedied the Service Level Failure or Critical Service Level Failure, the Customer shall be entitled to instruct the Supplier to comply with the Rectification Plan Process; or if a Service Level Failure has occurred, deduct from the Call Off Contract Charges the applicable Service Level Credits payable by the Supplier to the Customer in accordance with the calculation formula set out in Annex 1 of this Part A of this Call Off Schedule; or if a Critical Service Level Failure has occurred, exercise its right to Compensation for Critical Service Level Failure in accordance with Clause 13 of this Call Off Contract (Critical Service Level Failure) (including subject, for the avoidance of doubt, the proviso in Clause 13.1.2 of this Call Off Contract in relation to Material Breach). Approval and implementation by the Customer of any Rectification Plan shall not relieve the Supplier of any continuing responsibility to achieve the Service Levels, or remedy any failure to do so, and no estoppels or waiver shall arise from any such Approval and/or implementation by the Customer. SERVICE CREDITS Annex 1 to this Part A of this Call Off Schedule sets out the formula used to calculate a Service Credit payable to the Customer as a result of a Service Level Failure in a given service period which, for the purpose of this Call Off Schedule, shall be a recurrent period of [one Month] during the Call Off Contract Period (the Service Period).

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