TIER I PURCHASE MINIMUMS Clause Samples

TIER I PURCHASE MINIMUMS. Except as provided in subsection 6.4(c) below, commencing with the calendar year during which Regulatory Approval in the United States for the FocalSeal -Registered Trademark- -L System is first received and in each calendar year thereafter, Genzyme agrees to purchase from Focal in accordance with the provisions of this Agreement not less than [**] of the Annual Sales Forecast for each Product projected for each calendar quarter of the applicable calendar year or partial year, as the case may be ( the "Tier I Purchase Minimums"). If Genzyme fails to satisfy a Tier I Purchase Minimum for a Product within ten (10) days after the receipt of notice from Focal regarding such failure, Genzyme shall be entitled to notify Focal of its intent to cure such deficiency by purchasing sufficient quantities of the relevant Product to achieve the Tier I Purchase Minimum; PROVIDED THAT Focal may refuse to allow such cure if Genzyme has cured a Tier I Purchase Minimum for the relevant Product at any time during the preceding [**] year period.