Minimum Volume Guarantee Sample Clauses
A Minimum Volume Guarantee clause obligates one party, typically the buyer, to purchase or use a specified minimum quantity of goods or services within a defined period. This clause often applies in supply or distribution agreements, where the supplier relies on a predictable level of demand; for example, a retailer may commit to buying at least 10,000 units annually from a manufacturer. Its core function is to provide revenue certainty for the supplier and to allocate the risk of underperformance to the buyer, thereby ensuring stability and predictability in the commercial relationship.
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Minimum Volume Guarantee. 4.1 Subject to 4.2 below, UTStarcom shall purchase from P&C a cumulative total of at least [***] units during the Term with following periodic minimum volume targets; (the “Minimum Volume”); provided however, that P&C shall provide a competitive product roadmap to UTStarcom which is acceptable to UTStarcom. Oct. 1st 2006 ~ Dec. 31st 2007 [***] Jan. 1st 2008 ~ Dec. 31st 2008 [***] Jan. 1st 2009 ~ Dec. 31st 2009 [***]
4.2 The Parties further acknowledge that the purchase of the Minimum Volume is subject to (a) the acceptable performance of the Products during trial by carriers and carrier final approval; and (b) competitive pricing, timely delivery and satisfactory quality. If UTStarcom believes in good faith that these conditions are not met, UTStarcom shall provide written notice to P&C with a detailed basis for UTStarcom’s belief, including all supporting documentation.
4.3 Notwithstanding the above, the Parties acknowledge that the Minimum Volume is of paramount importance to the intended strategic alliance and in the event that UTStarcom fails to reach the periodic Minimum Volume stipulated in Article 4.1 during any period during the Term, provided all of the conditions of 4.2 above are successfully complied with, and without prejudice to any other rights P&C may have, P&C shall be entitled to make null and void the exclusivity provision in Article 1 above and otherwise embodied this Agreement.
Minimum Volume Guarantee. For and in consideration of Railroad’s reimbursement of certain construction costs and the other terms and conditions of this agreement, Customer guarantees that it in each of the first five (5) years after completion of its ethanol plant, Customer will ship a minimum of 1500 loaded rail cars, inbound or outbound. In the event that the number of loaded cars falls short of 1500 in any of the first five years of plant operation (measured from the anniversary date of the first revenue carload on the Sidetrack), Customer shall pay Railroad an amount equal to $75 for each car short of 1500.
Minimum Volume Guarantee. 21.5.1 The Authority shall provide a minimum volume guarantee as per Schedule R for the Public Patients in a Financial year (the “Minimum Volume Guarantee”) during the Concession Period.
21.5.2 In case number of fractions for the Public Patients at the end of any Financial Year during the Concession Period is less than the Minimum Volume Guarantee and such shortfall is not due to the Concessionaire Default or due to Force Majeure, the Authority shall pay the difference amount estimated with respect to the differential number of fractions at the end of such Financial Year. The amount of the differential number of fractions shall be calculated by multiplying the average price per fractions with the differential number of fractions. The average price of fractions shall be calculated by dividing the total Operational Payment by the total number of fractions of the Public Patients during the Financial Year. Draft Concession Agreement
21.5.3 In the event of non-achievement of the Minimum Volume Guarantee in any Financial Year, the Concessionaire shall notify the Independent Monitor, Authority and Medical College within 20 (twenty) days from the end of the such Financial Year along with a certificate from the Statutory Auditor certifying the number of fractions, the Operational Payment received by the Concessionaire for the such Financial Year as per the format given in the Schedule Q of this Agreement. The Independent Monitor shall review the documents submitted by the Concessionaire and determine the amount to be paid by the Authority to the Concessionaire and submit a recommendation report to the Authority, Medical College and the Project Management Committee within 7 (seven) days from the date of receipt of notification from the Concessionaire.
21.5.4 Based on the report submitted by the Independent Monitor, the Authority shall pay the amount as recommended by the Independent Monitor to the Concessionaire within 20 (twenty) days from the date of receipt of report from the Independent Monitor. In the event of any difference or disagreement relating to determination of the amount for the Minimum Volume Guarantee, such disputed portion of the amount shall be resolved through Dispute Resolution Procedure referred under Article 36 of this Agreement. Draft Concession Agreement