Common use of Implications of Failure to Meet Minimum Purchase Requirements Clause in Contracts

Implications of Failure to Meet Minimum Purchase Requirements. i-STAT's sole remedy for Heska's failure to meet the Base Cartridge Target in Sections 2.4 or 2.5 in any Contract Year shall be to terminate this Agreement upon prior written notice to Heska as set forth in Section 2.13; provided, however, that i-STAT shall meet with Heska to discuss under what terms and conditions, if any, Heska may continue to distribute Products hereunder; and provided, further, that such failure to meet the Base Cartridge Target shall not be considered as a breach of this Agreement.

Implications of Failure to Meet Minimum Purchase Requirements. i-STAT's ’s sole remedy for Heska's ’s failure to meet the Base Cartridge Target in Sections 2.4 or 2.5 in any Contract Year shall be to terminate this Agreement upon prior written notice to Heska as set forth in Section 2.13; provided, however, that i-STAT shall meet with Heska to discuss under what terms and conditions, if any, Heska may continue to distribute Products hereunder; and provided, further, that such failure to meet the Base Cartridge Target shall not be considered as a breach of this Agreement.