Failure to Meet Minimum Sample Clauses

Failure to Meet Minimum. Notwithstanding anything to the contrary contained herein, in the event that during any Agreement Year the Royalties calculated from Net Sales are not equal to or greater than the applicable Minimum Royalty, Cumberland shall have the right to terminate this Agreement or any License granted hereunder or the exclusivity thereof, effective immediately, by giving Licensee written notice of such termination.
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Failure to Meet Minimum. Failure to meet such minimum requirements shall constitute a material breach of this Agreement for the purposes of Section 13 (Termination and Term) thereof; provided, however, that in lieu of terminating this Agreement pursuant to such section based on such breach, Developer may instead elect in its sole discretion to change the exclusive rights granted to Distributor under Section 1 (Products and Territory) hereof to non-exclusive rights, in which case Developer shall then have the right to appoint additional non-exclusive distributors in the Territory and the right to sell the Products itself in the Territory, either directly (including without limitation with the assistance of sales representatives) or through one or more of its affiliates.
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Failure to Meet Minimum. REQUIREMENTS In the event that in any given year, the total Product orders and payments by Distributor under Section 3.6 do not, in the aggregate, equal or exceed: the minimum annual purchase requirements in the amounts set forth in Exhibit B hereto ("Minimum Purchase Requirements"), then Micrus may, at its sole discretion, either: (a) convert the grant of the distribution rights pursuant to Section 2.1 hereof to a non-exclusive basis; or (b) terminate this Agreement upon (120) days prior written notice to Distributor. If Micrus elects to convert the grant of distribution rights to a non-exclusive basis, such election shall be made by delivery of written notice by Micrus to Distributor and shall take effect on the date set forth in the notice, and Micrus will in that event retain the right thereafter to terminate this Agreement if at any time Distributor again fails to equal or exceed the Minimum Purchase Requirements.
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Failure to Meet Minimum. Hovione may terminate this Agreement on three (3) months written notice if Allos does not buy at least the applicable amount of API set forth in Attachment B under “4. Annual API Purchase Base” in the applicable year, unless such failure is due to Hovione’s fault. Notwithstanding the foregoing, Allos shall have the right to obtain three extensions to the dates set forth in Attachment B; provided that Allos shall pay Hovione the amount set forth in Attachment B under “5. Extension Fees” for each extension on or before December 31st of the year in which the minimum purchase obligation was not met. Each extension moves the Annual API Purchase Base by one year. In each case termination shall not occur if Allos has cured such fault within three (3) months of Hovione’s notice.
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Failure to Meet Minimum. In-Service Equipment/Supply Requirements - City may be required to remove from service any Ambulance that fails to comply with EMS Policies with respect to equipment and supplies until such time that the Ambulance is brought into compliance with related EMS Policies SECTION 14 - COOPERATION WITH EMS SYSTEM/COMMUNITY EDUCATION‌
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Related to Failure to Meet Minimum

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within thirty calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional shipments of Product or provision of services to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.

  • Failure to Maintain If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord’s remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs plus any administrative fees assessed by Landlord’s agents or any other entity as provided by law.

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the services and Deliverables, or otherwise fully perform its responsibilities under the Contract.

  • Remedy for failure to insure If the Concessionaire shall fail to effect and keep in force all insurances for which it is responsible pursuant hereto, the Authority shall have the option to either keep in force any such insurances, and pay such premia and recover the costs thereof from the Concessionaire, or in the event of computation of a Termination Payment, treat an amount equal to the Insurance Cover as deemed to have been received by the Concessionaire.

  • Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Failure to Report No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.

  • Failure to Determine Values If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.

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