Common use of Minimum Performance Levels Clause in Contracts

Minimum Performance Levels. Osiris shall use its commercially reasonable best efforts to Deliver Product to NuVasive at least in the quantities set forth below during the applicable periods (“Minimum Performance Levels”) and shall Deliver any such Product according to Product unit size and brand name specifications established by NuVasive and set forth in each Order. NuVasive shall provide Orders to purchase from Osiris Product in quantities of at least the Minimum Performance Level for the applicable period. July 24, 2008 to December 31, 2008 95,000 January 1, 2009 to April 15, 2009 30,000 April 16, 2009 to eighteen (18) months following the Technology Closing Date (as defined in the Asset Purchase Agreement) 125,000

Minimum Performance Levels. Osiris shall use its commercially reasonable best efforts to Deliver Product to NuVasive at least in the quantities set forth below during the applicable periods (( “Minimum Performance Levels”” ) and shall Deliver any such Product according to Product unit size and brand name specifications established by NuVasive and set forth in each Order. NuVasive shall provide Orders to purchase from Osiris Product in quantities of at least the Minimum Performance Level for the applicable period. July 24, 2008 to December 31, 2008 95,000 January 1, 2009 to April 15, 2009 30,000 April 16, 2009 to eighteen (18) months following the Technology Closing Date (as defined in the Asset Purchase Agreement) 125,000