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. (a) Customer agrees to purchase annually from 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 calendar 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. 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. During the period of time commencing on or before ------------------ the Effective Date of this Agreement and ending on or before June 30, 2000, Customer agrees to order from Supplier [***] CDMA SpotLight Smart Antenna systems, as more fully described in Exhibit A, and Supplier hereby agrees to provide and install such systems ordered by Customer within the above described period of time. Provided that [***] no further action is required. In the event that [***] Supplier and Customer agree to [***]. In the event that actual volume of Customer's orders falls short of the [***] CDMA SpotLight Smart Antenna systems, Customer will [***]
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.
Volume Commitment. (a) Customer agrees to purchase from TSMC the Customer Committed Capacity, and TSMC agrees to provide to Customer the TSMC Committed Capacity, as set forth in Exhibit B. In any calendar year, the orders placed by Customer shall first apply to fulfill 90% of the Base Capacity portion, and then the Option Capacity.
Volume Commitment. (a) TRMC guarantees that from the Commencement Date through the end of the Term, TRMC will request that TLO cause to be gathered and delivered each Month, from wellheads, fields, control tank batteries or related collection points in the Williston Basin area to any and/or all of TLO’s proprietary crude petroleum truck unloading facilities specified on Schedule I, or other third party destinations, the Minimum Volume Commitment each Month, or, in the event that TRMC fails to request that TLO do the foregoing, shall remit to TLO the Monthly Shortfall Payment referred to in Section 6(b) below.