MINIMUM DELIVERY REQUIREMENT Clause Samples
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MINIMUM DELIVERY REQUIREMENT. The System will have the capacity to simultaneously deliver Pay-Per-Usage Services to a minimum of *** of Rooms in each Hotel at any one time. This shall include the capacity to deliver any one Service (such as Video Games, Movies and Events or Internet TV) to each of such rooms.
MINIMUM DELIVERY REQUIREMENT. (a) SUPPLIER will in all events be required to meet the Delivery Requirements. In addition to, and not in limitation of, UNION PACIFIC's remedies under this Agreement for default of SUPPLIER in failing to meet the Delivery Requirements, the procedures and remedies in this Section 2.7 will apply to SUPPLIER's failure to meet the Minimum Delivery Requirement.
(b) If SUPPLIER fails to meet the Minimum Delivery Requirement, UNION PACIFIC may notify SUPPLIER accordingly ("Non- Compliance Notice"). If SUPPLIER fails to supply to the applicable UNION PACIFIC location the necessary inventory to make up the shortfall within five (5) business days after the date of the Non- Compliance Notice, then UNION PACIFIC will be entitled to purchase the necessary inventory from Alternate Suppliers to make up the shortfall and to charge SUPPLIER for the difference in the prices paid to Alternate Suppliers and the then-current Base Prices. If UNION PACIFIC issues more than two Non-Compliance Notices in any twelve- month period, SUPPLIER will, within ten (10) days (the "Compliance Period") after receipt of the second Non-Compliance Notice, provide UNION PACIFIC with a compliance plan reasonably acceptable to UNION PACIFIC for remedying SUPPLIER's non-compliance with the Minimum Delivery Requirement. If SUPPLIER fails to provide an acceptable compliance plan within the Compliance Period, or fails to institute the compliance plan, or if, within six (6) months after the end of the Compliance Period, UNION PACIFIC issues more than two Non-Compliance Notices for delivery deficiencies with the same or similar causes as those for any delivery deficiencies which were the subject of a previous Non-Compliance Notice, then, in any of such events and at UNION PACIFIC's election, UNION PACIFIC may purchase any or all Wheelset Supply/Services from Alternate Suppliers and charge SUPPLIER for the difference in the prices paid to Alternate Suppliers and the then-current Base Prices, and/or conclusively declare SUPPLIER in material default under this Agreement.