ANNUAL MINIMUM. In consideration of Seller's investment in the facilities required to provide Buyer's requirements in Priority-of-Service Category 2, Xxxxx agrees to use a minimum of 77,533 dekatherms of natural gas per contract year. This minimum quantity may be satisfied by the use of System Supply or Transportation gas provided hereunder. The contract year will be the period beginning on March 1, or as soon thereafter as Buyer and Seller have their respective facilities installed, and continuing for a term of one full calendar year. Deficit volumes in any contract year will be billed at one dollar and thirty-five cents ($1.35) per dekatherm.
ANNUAL MINIMUM. In consideration of Seller's investment in the facilities required to provide Buyer's requirements in Priority-of-Service Category 3D, Xxxxx agrees to use a minimum of 38,497 dekatherms of natural gas per contract year. This minimum quantity may be satisfied by the use of Interruptible or Transportation gas provided hereunder. The contract year will be the period beginning on December 1, or as soon thereafter as Buyer and Seller have their respective facilities installed and continuing for one full calendar year. Deficit volumes in any contract year will be billed at eighty-three cents ($0.83) per dekatherm.
ANNUAL MINIMUM. NantHealth agrees to pay NantOmics a non-cancellable annual minimum in fees in the amount of (a) $2,000,000 for each calendar year during the Initial Term beginning with and for the 2016 calendar year (i.e., $2 million for each of the 2016-2020 calendar years), (b) $25,000,000 for each calendar year during the Initial Exclusive Renewal Term (i.e., $25 million for each of the 2021-2023 calendar years) and (c) $50,000,000 for each calendar year during the Additional Exclusive Renewal Terms (i.e., $50 million for each of the 2024-2029 calendar years) (the “Annual Minimum”). The Annual Minimum shall be pro-rated on a per day basis if this Agreement is terminated on a date other than December 31 (i.e., ($2,000,000, $25,000,000 or $50,000,000 as applicable ÷ total number of days in such calendar year) multiplied by the number of days that have occurred up to the date of termination). If, at the end of any calendar year or, if applicable, the termination date, the total fees paid and payable to NantOmics for such calendar year are less than the Annual Minimum, NantHealth shall pay to NantOmics the difference between the amounts paid and payable and the Annual Minimum (the “True-up Payment”). The True-up Payment shall be due and payable to NantOmics within forty-five (45) days after the end of such calendar year or, if applicable, the termination date.
ANNUAL MINIMUM. Beginning on the [*], ISTA shall purchase from BLP a minimum annual amount of Product as set forth in Appendix B attached hereto (the "Annual Minimum"). If ISTA does not purchase such Annual Minimum during any calendar year thereafter, ISTA shall pay to BLP [*] of the difference between (i) the total amount ISTA would have paid to BLP if the Annual Minimum had been fulfilled and (ii) the total amount actually paid to BLP during the applicable calendar year. After ISTA's obligation to purchase the Annual Minimum commences pursuant to this Section 9.A., the parties shall meet at least once annually to discuss in good faith reasonable adjustments to the Annual Minimum taking into consideration the market conditions for the Product. Any such adjustment to the Annual Minimum shall be mutually agreed upon in writing and shall be subject to this Agreement.
ANNUAL MINIMUM. The annual minimum amount of Royalties owed by the Licensee under subsection 11.4.1, upon commencement of commercial sales, shall be [****] beginning in Year 2022; [****] beginning in year 2025; and [****] beginning in year 2027 throughout the remainder of the term.).
ANNUAL MINIMUM. In consideration of Seller's investment in the facilities required to provide Buyer's requirements in Priority-of-Service Categ01y 2., Xxxxx agrees to use a minimum of 64,418 dekatherms of natural gas per calendar year during the contract term. The contract term will be the period beginning on June 1, or as soon thereafter as Buyer and Seller have their respective facilities installed and continuing for five (5) full calendar years. This minimum quantity may he satisfied by the use of Firm or Transportation
ANNUAL MINIMUM. Where pre-determined compensation of less than five hundred ($500.00) dollars is calculated to be payable for any calendar year pursuant to subsection 3.5.2, Hydro will, notwithstanding such calculation, pay five hundred ($500.00) dollars to War Lake with respect to that calendar year. If Daily Average Water Levels do not enter the Pre-determined Compensation Zone in a particular calendar year, no compensation will be payable for that year.
ANNUAL MINIMUM. During each consecutive twelve (12) month period of -------------- the term of service ("Annual Period"), the Customer's use of MCI services under this Contract Tariff must equal or exceed [*], calculated at Base Rates ("Annual Minimum"). During the thirteenth month of the term of Service, Customer may upon sixty (60) days prior written notice to MCI, decrease the Annual Minimum to [*]. The rates and discounts for MCI services will be adjusted as of the effective date of the notice. Customer may only decrease the Annual Minimum one time during the term of the service.
ANNUAL MINIMUM. Within [***] ([***]) days following the end of each calendar year during the Term of this Agreement and within [***] (***) days following the expiry or earlier termination of the Term of this Agreement, OptiNose shall determine the Annual Threshold and the Annual Minimum and shall provide such numbers to CPL together with sufficient information, certified by an officer of OptiNose to enable CPL to confirm OptiNose’s determination and the quantity of any deficiency. If OptiNose fails to order from CPL the Annual Minimum, then as OptiNose’s sole and exclusive liability and CPL’s sole and exclusive remedy, OptiNose shall, within [***] ([***]) days following determination of such fact, pay to CPL an amount equal to [***] as noted on Exhibit B hereto. For purposes of calculating any amount to be paid by OptiNose to CPL for an Annual Minimum shortfall, the supply prices in effect at the end of the applicable annual period in which the shortfall occurred shall apply.
ANNUAL MINIMUM. Buyer shall take a minimum of ****** tons in each Contract Year ("Annual Minimum"). If Buyer takes less than ****** tons in any Contract Year, Buyer shall pay to Seller the amount determined by the difference between ****** tons and the amount of coal actually taken during the Contract Year, multiplied by the then applicable Tier 1 Purchase Price (as defined in Article V). This take or pay requirement shall be adjusted as provided in Section 3.02(g) below for the Unit 3 outage.
