Minimum Purchase Volume Sample Clauses

Minimum Purchase Volume. Distributor shall purchase no less than 30,000 units of the Product ("Units") per month. Any new product(s) later developed will be subject to a separate purchase volume agreement to be determined. The minimum purchase volume shall increase 10% on every annual anniversary of the Effective Date of the Agreement.
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Minimum Purchase Volume. During the first six months of this Agreement, the Distributor shall purchase no less than three standard trailer loads per month equaling eighteen trailers at the end of the six month starting from the date of which the contract was executed. Starting from the first day after the six months from the execution date, the distributor shall order no less than 37,440, cases per month ending in twelve months from the date of execution. Distributor agrees to order 41,666, cases per month from the first year anniversary from the date of execution of this contract to six months after the first month of the one year anniversary totaling 250,000, cases of Liquid Ice Energy Drink.
Minimum Purchase Volume. Section 3.2 of the Agreement is hereby deleted in its entirety and replaced by the following new section 3.2:
Minimum Purchase Volume. If Distributor’s purchases of G.E.T. Products fall below Fifteen Million U.S. Dollars (US$15,000,000.00) during any calendar year following December of 2010, and such failure is not due to Supplier’s inability to timely fill reasonably forecasted orders, then (a) Supplier may change Distributor’s exclusive distribution rights under this Agreement to thereafter be non-exclusive effective upon 90 days prior written notice to Distributor , unless (i) Distributor has purchased an aggregate amount of G.E.T. Products at least equal to the shortfall during the calendar year following the shortfall and before the end of the 90-day notice period, or (ii) Distributor’s failure to do so is due to Supplier’s inability to timely fill reasonably forecasted orders; and/or (b) Supplier may terminate this Agreement upon twelve months prior written notice to Distributor, unless (i) Distributor has purchased an aggregate amount of G.E.T. Products during the calendar year following the shortfall at least equal to the sum of Fifteen Million U.S. Dollars (US$15,000,000.00) plus such shortfall or (ii) Distributor’s failure to do so is due to Supplier’s inability to timely fill reasonably forecasted.
Minimum Purchase Volume. New Distributors will not need to start meeting their minimums purchase volume until the 91st day from the date of delivery of their first order of product. The date will be determined by the xxxx of lading provided from the distributor to Pur Beverages, Inc. The minimum purchase volumes are outlined as follows: Starting from the 91st day from the date of the xxxx of lading on the first order, the distributor agrees to order and pay for $5,000 in product each and every month, ending in the twelfth month from the date of contract. In the 13th month from the date of this contract through the 24th month from the date of this contract, the distributor agrees to order and pay for $7,500 in product each and every month. In the 25th month of this contract in perpetuity, the distributor agrees to order and pay for $10,000 worth of product each and every month. The minimums set forth herein are what is required to retain the exclusivity portion of the agreement. The inability to maintain the minimum purchase volumes will not necessarily terminate the agreement, however the inability and/or unwillingness to maintain the minimum purchase volumes will give Pur Beverages, Inc. the right to terminate the agreement and find a more suitable distributor at their sole discretion. Orders after the first year, will not need to be made monthly, and can be made once per quarter
Minimum Purchase Volume. For the first 120 months following the Effective Date of this Agreement, Xxxxxxx District shall purchase a minimum of 6,500,000 gallons of water each month (“Agreed Monthly Minimum Volume”), provided, however, that Xxxxxxx District shall be excused of its obligation to purchase the Agreed Monthly Minimum Volume in any month in which Augusta is unable to furnish that volume or in which Xxxxxxx District suffers a major service interruption similar to that described in Paragraph 9 that limits its ability to receive and distribute water. At the end of this 120-month period, Xxxxxxx District shall not be required to purchase the Agreed Monthly Minimum Volume from Augusta provided it serves upon Augusta notice of its intent to purchase a lesser volume. Such notice must be in writing and must be provided a minimum of 24 months in advance of the first monthly period in which Xxxxxxx District intends to purchase less than the Agreed Monthly Minimum Volume. If Xxxxxxx District does not reduce its purchases below the Agreed Monthly Minimum Volume within 90 days of the start of the period identified in its written notice, Xxxxxxx District’s notice shall be deemed ineffective. Xxxxxxx District’s notice shall not be deemed ineffective if, after reducing its purchases in accordance with its notice, it subs volume of water equal or above the Agreed Monthly Minimu

Related to Minimum Purchase Volume

  • Minimum Purchase Broker-Dealer shall not sell fewer than $5,000 in Notes to any purchaser without the prior written consent of Issuer.

  • Minimum Purchase Requirements Distributor shall make the minimum annual purchase of Products established in Exhibit B, unless the Agreement has become coexclusive. In the period within the fixed term and extension, if applicable, of the Agreement under Section 10(a) subsequent to [ * ], the parties shall meet in San Francisco at least [ * ] prior to the beginning of each of respective year to discuss market conditions and appropriate minimum purchases for such year. In the event that the parties fail to agree on an appropriate minimum any year subsequent to [ * ], the minimum annual purchase requirement for such year shall be calculated increasing or decreasing (as the case may be) the minimum purchase requirement for the preceding year in proportion to the increase or decrease in the [ * ] (based on data from mutually acceptable data provider) of the applicable product in the Territory. In the event Supplier is unable to deliver Products ordered by Distributor in an amount consistent with the most recent forecast, then the minimum annual purchase requirement shall be reduced by the quantity of Products that Supplier is unable to deliver when requested. In the event Distributor fails in any year (a “Shortfall Year”) to make the annual minimum purchase of Agreement Products required by Exhibit B, Supplier shall have the right to give Distributor written notice of default, and if such failure to make the minimum purchase is not cured (through the purchase of an amount of Agreement Product equal to the entire shortfall in the Shortfall Year, which amount shall not be counted towards any minimum purchase requirements for the year of purchase) within [ * ] of receipt of the notice, then Supplier shall have the right, in Supplier’s sole discretion and as Supplier’s sole remedy for Distributor’s failure to meet the minimum purchase requirements hereunder, either to convert the appointment of Distributor from exclusive to non-exclusive or to terminate this Agreement. In the event of either conversion to non-exclusive or termination of this Agreement pursuant to this Section 3(e), the Supplier shall pay Distributor a conversion fee equal to [ * ], and Distributor shall transfer all Regulatory Approvals relating to BMS or DES in the Territory to Supplier.

  • Minimum Sales 4.1 The minimum volume of sales of the Products that CSR commits to use its best efforts to achieve in the Territory on an annual basis in the first Agreement Year is 60,000 gallons (avg. 5,000 gallons per month). RCAI will review the annual volumes of sales of the Products prior to the beginning of any successive term during which this Agreement may continue and RCAI may change and adjust such minimums as it, in its sole judgment, sees fit.

  • Minimum Orders Client may order Manufacturing Services for batches of Products only in multiples of the Minimum Order Quantities as set out in Schedule B to a Product Agreement.

  • CONTRACT YEAR A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.

  • Firm Orders On a rolling basis during the term of the Product Agreement, Client will issue an updated [***] forecast on or before the [***]. This forecast will start on [***]. Unless otherwise agreed in the Product Agreement, the first [***] of this updated forecast will be considered binding firm orders. Concurrent with the [***] forecast, Client will issue a new firm written order in the form of a purchase order or otherwise (“Firm Order”) by Client to purchase and, when accepted by Patheon, for Patheon to manufacture and deliver the agreed quantity of the Products. The Delivery Date will not be less than [***] following the date that the Firm Order is submitted. Firm Orders submitted to Patheon will specify Client's purchase order number, quantities by Product type, monthly delivery schedule, and any other elements necessary to ensure the timely manufacture and shipment of the Products. The quantities of Products ordered in those written orders will be firm and binding on Client and may not be reduced by Client. Further, for [***] of the [***] forecast, Client commits that its Firm Orders for each of those months will be no less than [***], respectively, of the forecasted amounts for [***]. If Client orders less than the agreed volume, the parties will meet to discuss how to smooth production to meet demand. If it is not possible to smooth production to meet forecasted demand, Client will compensate Patheon for not meeting the Firm Order commitment by paying the [***] for the shortfall between what Client actually ordered and its Firm Order commitment as set forth above or as otherwise provided for in the applicable Product Agreement. The forgoing shall be Patheon’s sole and exclusive remedy for Client’s failure to meet the Firm Order commitment. No amounts shall be payable to Patheon if Client is unable to make the Firm Order commitment because of Force Majeure or because the Product is taken off the market due in response to an action by an Authority or otherwise as required by Applicable Law. Patheon commits to make [***] of the forecasted amounts available to Client, and will reserve [***] of its capacity to meet that commitment. Patheon shall notify Client as soon as possible of impending capacity constraints in relation to Client’s forecasts and/or changes in Client’s demands.

  • Minimum Payments If the Executive’s Termination Date occurs during the Agreement Term for any reason, the Executive shall be entitled to the following payments, in addition to any payments or benefits to which the Executive may be entitled under the following provisions of this Section 5 (other than this paragraph 5(a)) or the express terms of any employee benefit plan or as required by law:

  • Transfer Price 4.1. With regard to the Equity Transfer Option, the total Transfer Price to be paid by the WFOE or any other entity or individual designated by the WFOE to each Company Shareholder at each Exercise of Option by the WFOE shall be the capital contribution mirrored by the corresponding Transferred Equity in the Company Registered Capital. But if the lowest price permitted by the then-effective PRC Law is higher than the above capital contribution, the Transfer Price shall be the lowest price permitted by the PRC Law.

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