Qualifying Cases Clause Samples
The "Qualifying Cases" clause defines the specific circumstances or events under which certain rights, obligations, or remedies in the contract become applicable. Typically, this clause lists scenarios such as breach of contract, insolvency, force majeure, or other significant events that trigger particular contractual provisions. For example, it may specify that only in the event of a material breach can a party terminate the agreement or claim damages. The core function of this clause is to clearly delineate the boundaries of when special contractual actions are permitted, thereby reducing ambiguity and helping both parties understand the conditions that activate key terms.
Qualifying Cases. For purposes of determining the true-up calculation under this Section 3.3, Purchaser’s case volume shall only include (i) Purchaser’s sales to the Wholesale Customers existing on the date of this Agreement (as set forth on Section 4.9(a) of the Seller Disclosure Schedule attached hereto) (ii) for the purpose of calculating any Excess Cases, Purchaser’s sales to any New Customer Leads, and (iii) any case sales by Purchaser to Corporate Stores that Seller converts to independent wholesale business following the date of this Agreement.