Commercial Commitment Clause Samples
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Commercial Commitment. (a) Vodafone’s offer is based on Customer using the Service for the Minimum Term or applicable Renewal Term.
(b) The Minimum Term is 36 months.
(c) At all times during the Minimum Term, Customer must maintain at least 80% of the number of Subscriptions purchased in the initial Order (the “Minimum Commitment”). Changes to the quantity of purchased Subscriptions can be raised via a Service Request.
(d) Customer can, pursuant to this Agreement, purchase, Professional Services and/or additional Subscriptions during the Minimum Term or applicable Renewal Term, by submitting a Service Request to Vodafone, and:
(i) Partner shall provide Customer with a quote for each proposed Order. The quote will set out the additional Service Element(s) chosen by Customer and the quantity, unit and total Charges of the proposed Order;
(ii) where Customer accepts the quote, Customer shall approve the quote document to Vodafone via a portal, or other method advised by Vodafone, and this shall constitute an Order;
(iii) such additional Order shall commence on and from the date of delivery of the applicable Service Element(s) to the Customer and those Service Element(s) shall have the same remaining Minimum Term of the existing Service Elements;
(iv) additional Charges will be applicable; and
(v) any Subscription or Tariff pricing provided as part of the initial Order will be used for incremental Subscription Orders. All in-life Orders for the Service Type or Limited Extension Subscriptions will carry an associated uplift in the Tariff quantity.
(e) Upon expiry of a Minimum Term the Service (and relevant Service Element(s)) shall continue unless and until it is terminated by either Party (in whole or in part) at any time thereafter on not less than 30 days’ written notice to the other Party. Such notice to terminate to be served at the end of a complete Service month. Following the end of the Minimum Term, Vodafone reserves the right to charge for the Service at the then current Standard List Price.
Commercial Commitment. Upon successful completion of the technology transfer for a Product and ongoing compliance by Fabrinet with its obligations hereunder, during the term of this Agreement with respect to a Product, [*] transferred from Fabrinet, subject to the other provisions of this Agreement (the “Commercial Commitment”). The Commercial Commitment made herein will be proportionately adjusted if full-scale production of a Product is not in-place for an entire calendar year because the Facility or the Product manufactured at the Facility is not fully-qualified for the entire calendar year). The Commercial Commitment made by Avanex with respect to any Product is conditioned on Fabrinet continuously fulfilling Avanex’s requirements for the Product and delivering Product that conform in all respects with the relevant Specifications and required delivery-dates.
Commercial Commitment. (a) Within *** of receiving Governmental Approval to market and sell a Licensed Product in the United States, Meda will commence the marketing and sale of such Licensed Product in the United States; provided, that BDSI (or its Third Party manufacturer) shall have by such date manufactured and shipped Sufficient Launch Stocks for the United States to Meda, its Affiliate, or Sublicensee, as appropriate. Within *** of receiving Governmental Approval (including, if and as necessary in a country, Pricing and Reimbursement Approvals) to market and sell a Licensed Product in a country in the Territory other than the United States, Meda will commence the marketing and sale of such Licensed Product in such country; provided, that (i) BDSI (or its Third Party manufacturer) shall have by such date manufactured and shipped Sufficient Launch Stocks for such country and (ii) if Governmental Approval of such Licensed Product is obtained in Canada or Mexico prior to receipt of Governmental Approval of such Licensed Product in the United States, the parties shall meet in good faith to negotiate an alternative, Commercially Reasonable launch date requirement for the Licensed Product in Canada or Mexico, as appropriate, in order to avoid or minimize any adverse effect the launch of such Licensed Product in Canada or Mexico prior to the launch thereof in the United States may have on the Commercialization of the Licensed Product in the United States.
(b) Notwithstanding the exclusivity provided in Section 3.02, if Meda fails to fulfill any of its obligations under this Section 3.03 in respect of any country, Meda shall be in breach of this Agreement and BDSI may, provided that Meda fails to remedy such breach within *** from receipt of written notice thereof, upon *** written notice, terminate this Agreement in respect of such country or render nonexclusive in whole or in part Meda’s licenses hereunder in respect of such country, which remedies shall be in addition to all other remedies BDSI may have at law or in equity. Notwithstanding the exclusivity provided in Section 3.02 and, in addition to BDSI’s rights under the preceding sentence, if Meda fails to fulfill any of its obligations under this Section 3.03 in respect of the United States, Meda shall be in breach of this Agreement and BDSI may, provided that Meda fails to remedy such breach within *** from receipt of written notice thereof, upon *** written notice, terminate this Agreement in respect of the entire Territor...