Volume Commitment. If the Agreement contains a Volume Commitment and is terminated by Customer pursuant to the clause entitled Customer Termination for Convenience or by Verizon pursuant to the clause entitled Termination for Cause or Insolvency, Customer shall pay an Early Termination Charge equal to: (a) 75% (or other percentage detailed elsewhere in the Agreement) of the shortfall in any Volume Commitment(s) in the Contract Year of termination; and (b) 75% (or other percentage detailed elsewhere in the Agreement) of the aggregate of the remaining applicable Volume Commitments.
Volume Commitment. Subject to the terms and conditions hereof, the Parties agree upon the following:
Volume Commitment. (a) Customer agrees to purchase annually form TSMC, either itself or through its Affiliates, the Customer Committed Capacity set forth for such year on Exhibit B and, subject to the payment of the Option Fee by Customer under Section 5 below, TSMC agrees to provide to Customer the TSMC Committed Capacity, as set forth in Exhibit B. In any calender year, the orders placed by Customer or its Affiliates shall first apply to fulfill the Base Capacity portion of the Customer Committed Capacity, and then the Option Capacity portion.
Volume Commitment. (a) During each Contract Year (as defined below), CKE and/or Distributor and HARDEE'S and/or HARDEE'S Distributor (as defined in the HARDEE'S AGREEMENT) will together purchase in the aggregate from the Company and the Company shall sell CKE and HARDEE'S, and/or their respective Distributors, *** of the annual aggregate pound usage of the Products (as defined in this Agreement and in the HARDEE'S Agreement) by CKE, HARDEE'S, and their respective Distributors up to an aggregate total of *** pounds of total Product per Contract Year (the "Volume Requirement"). Provided, if Company acquires (by buying or building) an additional plant at a location satisfactory to CKE which provides additional production capacity which is capable, in the reasonable determination of HARDEE'S and CKE, of supplying all of their aggregate pound usage of the Products, then the foregoing limitation of *** pounds shall be disregarded. Notwithstanding the foregoing, however, the Volume Requirement shall be pro-rated for any Contract Year consisting of less than 12 months (i.e. if the final Contract Year consists of 7 months, then the Volume Requirement for that Contract Year shall be 7/12ths of the original Volume Requirement). It is expressly understood that non-compliance with the Volume Requirement will be deemed a material breach of this Agreement even if the Purchase Threshold is met under the Formula Development Agreement executed herewith.
Volume Commitment. All terms and conditions pertaining to this section remain the same as set forth in Option Agreements I and II except where stated herein. The new volume commitment is listed in Exhibit B.
Volume Commitment. Awardee shall:
Volume Commitment. DRI agrees that the Covered Outlets will purchase [ * ] gallons of CCF’s Fountain Syrup during the Term (the “Volume Commitment”). This Term Volume Commitment will be increased by CCF if DRI or any Subsidiary acquires, after the execution of this Agreement, additional Covered Outlets to which this Agreement will apply.
Volume Commitment. (i) In order to provide the greatest health benefit of the Product, Company desires to address worldwide need for the Product including demand for its use in Maternal Immunization from Developed and Developing Countries. The Parties recognize that introduction and demand for the Product occurs over a period of time and that Company may not be fully able to address such demand in the period proximate to introduction and approval. Notwithstanding the foregoing, the Parties acknowledge that Company’s current and planned Total Product Manufacturing Capacity may not be sufficient to meet worldwide demand. Accordingly, the Parties desire to define the allocation of Product that Company intends to reserve to fulfill orders for use in Maternal Immunization in Developing Countries.
Volume Commitment. If it is commercially beneficial to ADVA, ADVA will make best effort to purchase greater than [**]% of ADVA’s 100G Coherent MSA requirements for calendar years 2011, 2012 and 2013.
Volume Commitment. Appendix 5.2 sets forth APL's/LTS' volume commitments to CSXI and the remedies if APL or LTS fails to meet those commitments.
