Common use of PURCHASE QUOTAS Clause in Contracts

PURCHASE QUOTAS. The purchase quota for the first Ordering Year shall be mutually agreed between the parties prior to first Commercial Sale. Such purchase quota will be eighty percent (80%) of the anticipated sales for the first Ordering Year. The purchase quota for the second Ordering Year shall equal Distributor's actual purchases (in units) in the first Ordering Year. The purchase quota for the third Ordering Year shall equal Distributor's actual purchases (in units) in the second Ordering Year. Quotas for subsequent Ordering Years shall equal the higher of actual purchases (in units) or purchase quotas in the prior Ordering Year. Distributor agrees to use reasonable commercial efforts to meet or exceed the purchase quotas as set forth in this paragraph. In the event Distributor fails to meet or exceed, on an aggregate basis, the purchase quotas for two (2) consecutive Ordering Years beginning on or after the third Ordering Year, LipoMatrix may terminate this Agreement for cause as provided in Section VI.C, provided, however, that this termination option must be exercised within sixty (60) days of the commencement of the next Ordering Year. Purchase quotas will be adjusted if LipoMatrix is unable to supply Products due to regulatory constraints or significant manufacturing delays.