Minimum Performance Requirements. 5.1. Licensee shall use its best efforts to effect introduction of Licensed Technology into the commercial market as soon as possible; thereafter, until the expiration of this Agreement, Licensee shall keep Licensed Technology reasonably available to the public. For the purpose of clarity, “best efforts” means Licensee shall achieve the milestones listed in Section 5.2 below.
Minimum Performance Requirements. 8.1 The rights granted in clause 7.1 and 7.2 will automatically terminate and the rights in the Play will revert to the Writer at the end of the relevant year if:
Minimum Performance Requirements. It is understood and agreed by the parties that the following shall be defined as the "Minimum Performance Requirements":
Minimum Performance Requirements. Distributor is required to achieve the following minimum sales requirements: (i) $[*] in Gross Sales during the Term of this Agreement; and (ii) an additional $[*] in Gross Sales during each year in each renewal term. Licensor shall not be permitted to terminate this Agreement solely due to Distributor’s failure to meet these minimum sales requirements but Licensor may prohibit Distributor from entering into a renewal term if Distributor fails to meet these minimum sales requirements. Notwithstanding the foregoing, Distributor may terminate this Agreement upon 30 days advance written notice to Licensor if Distributor does not generate: (i) at least $[*] in Gross Sales in the first [*] of the Term; or (ii) at least $[*] in Gross Sales in the first 30 months of the Term. Notwithstanding any other provision in this Agreement, if this Agreement is terminated under this Section 11, Distributor is released from all further performance or payment obligations other than payment of any remaining installment of the License Fee for the Term and any obligations that survive the termination or expiration of this Agreement. The Parties agree to cooperate in good faith to allow Distributor to withdraw from the business without injury to any of its Customers.
Minimum Performance Requirements. Company may require Dealer to achieve minimum performance requirements related to Dealer’s Subscriber activations, Subscriber churn, and average revenue per Subscriber within an individual market or within the Area, as set forth in the Dealer Policies. Company may add additional minimum performance requirements, or modify existing minimum performance requirements in any way with 30 days advance written notice to Dealer. Dealer’s failure to achieve the applicable minimum performance requirements in any individual market or in the Area may result in termination of Dealer’s authorization to operate in any individual market or in termination of this Agreement, or in making Dealer ineligible for certain compensation, as set forth in the Dealer Policies.
Minimum Performance Requirements. Listed below are the minimum performance requirements for efforts and/or technologies funded under this Agreement. NYSERDA will consider written requests for modifications to the minimum requirements, however modifications are subject to NYSERDA review and approval. The Contractor may propose a project based on previous design efforts, but the project must meet the Minimum Performance Requirements. Implementation or installation must occur after approval of the design. Previous design services, installed, or implemented measures or project elements will not be funded under this Contract. The NYSERDA Project Manager will schedule routine conference calls to ensure the project is on track and meet the required guidelines. Project Component: Solar Requirements for this component: • NYSERDA will only pay for the cost of the project, after incentives, and reserves the right to withhold payments until confirmed. • Land leases and power purchase agreements where the solar array(s) is owned by a third party are not eligible. • NYSERDA payment shall not exceed $6.00 per watt for rooftop and ground mounted systems, and $10.00 per watt for carport projects. • Project shall have a Total Solar Resource Fraction (TSRF) of no less than 70 as per the approved Shading Report submitted with the NY-Sun Application. • Projects must participate in the NY Sun Program, if available. • Equipment must be in continuous use for a period of at least four (4) years. Project Component: Electric Vehicle(s) Requirements for this component: • The vehicle shall be a new plug-in hybrid or battery electric vehicle • Vehicles shall be purchased and owned by the municipality, not leased NYSERDA. • Vehicles must be manufactured for use primarily on public streets, roads, and highways and have a maximum speed capability of at least fifty-five miles per hour. • NYSERDA will only pay for the cost of the project, after incentives, and reserves the right to withhold payments until confirmed. Project Component: Electric Vehicle Charging Station(s) Requirements for this component: • Electric vehicle charging stations shall consist of Level 2 charging ports with SAE J1772 connectors or direct current (DC) fast charge ports with both a CHAdeMO and SAE J1772 Combo connectors. • Equipment that is networked must be qualified through RFQL 3902 NYSERDA’s Charge Ready NY Equipment and Network Qualification Process solicitation. • The equipment shall be owned by the municipality. A site host agreement is requi...
Minimum Performance Requirements. Distributor shall purchase a minimum of [omitted portion submitted for confidential treatment] copies of the Software from Developer during the six (6) month period following the Commencement Date, defined in Section 10.01, and [omitted portion submitted for confidential treatment] copies for each subsequent six (6) month period, during the term of this Agreement.
Minimum Performance Requirements. The inspection system provided must meet the following minimum performance requirement for rail flaw detection irrespective of the rail type tested, excluding severe surface fatigue or rusted rail. The system must comply with Authority Engineering Track Maintenance and Engineering Instructions and with FRA Track Safety Standards 49 CFR Part 213.237. The Contractor must communicate an invalid test due to rail surface conditions immediately. This confirmation will be communicated to the xxxxxxx or supervisor in charge, to include why a "NO TEST" has been issued. Once a "NO TEST" is issued, all efforts must be made by the rail test operator to ensure that a valid test can be conducted. If, after exhausting all efforts, it is deemed that a valid test cannot be conducted then the contract policy is to instruct the Contractor’s chief operator to contact the Authority's Deputy Director, Track and Structures, by phone within 12 hours and to make written notification to the Authority within 24 hours. This will allow the Authority to investigate and perhaps resolve the problem(s) before the vehicle advances to the next subdivision. These instructions regarding FRA 49 CFR Part 213.237 apply to all FRA classes of track on the Service Property.
Minimum Performance Requirements. Distributor shall purchase a minimum of [CONFIDENTIAL PORTION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION] copies of the Software from Developer during the six (6) month period following the Commencement Date, defined in Section 10.01, and [CONFIDENTIAL PORTION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION] copies for each subsequent six (6) month period, during the term of this Agreement.
Minimum Performance Requirements. Arthrex shall use best efforts to (i) maximize Product sales for use in the Field in the Territory using at least the same efforts as Arthrex uses to maximize sales of its own products and (ii) ensure that ArthroCare gains appropriate market access in the Territory. During each calendar year Arthrex shall meet the minimum performance requirements set forth in Exhibit F (collectively, "Minimum Performance Requirements"). If Arthrex does not meet the mutually agreed upon Minimum Performance Requirements during [*] of the Term, (as defined in Section 9.1, below) ArthroCare shall have the right to terminate Arthrex's rights under this Agreement pursuant to Section 9.2 below. In the event that the parties are unable to agree upon the Minimum Performance Requirements for [*], either party may terminate this Agreement pursuant to Section 9.2 below. It is understood and agreed that notwithstanding any other provision of this Agreement, ArthroCare shall be under no obligation to continue the production of any Product.
