Annual Yield definition
Examples of Annual Yield in a sentence
It will not be a material breach of this Agreement by Patheon under Section 8.2(a) if the Actual Annual Yield is less than the Target Yield.
To the extent any of Tenant’s repairs, maintenance or Alterations (as defined below), including any Required Improvement or Deferred Maintenance Item, require the abatement, removal, disposal or encapsulation of asbestos containing materials (“ACM”) at the Facility, Landlord shall bear all costs and expenses relating to such ACM (and Tenant shall have no obligation to pay the Annual Yield on such amount).
If the cost of the Required Improvements in any Lease Year exceeds $50,000.00, Landlord shall pay the amount exceeding $50,000.00 (such excess, the “Landlord Investment”); provided, however, Tenant shall pay the Annual Yield on the Landlord Investment in accordance with the terms and conditions of Section 3.3 above.
It shall not constitute a material breach of this Agreement by Patheon, for the purposes of Section 8.2(a), if the Actual Annual Yield is less that the Target Yield.
If the Actual Annual Yield falls more than [**] percent below the respective Target Yield in a Year, then the shortfall for such Year (the "Shortfall") shall be determined based on the following calculation: [**] The Shortfall shall be disclosed by Patheon to the Client on the reconciliation report prepared in the form annexed hereto as Schedule I.
But Client will be released from the Exclusivity Obligation set forth in Section 2.1.1 if the Actual Annual Yield falls more than [***] below the Target Yield in any Year.
It will not be a material breach of this Agreement by Patheon under Section 8.2(a) if the Actual Annual Yield is less than the Target Yield unless the Actual Annual Yield is more than […***…]% below the Target Yield.
If Patheon has used commercially reasonable efforts to achieve the Target Yield and if the Actual Yield is not less than 80% of the Target Yield, it will not be a material breach of this Agreement by Patheon under Section 8.2(a) if the Actual Annual Yield is less than the Target Yield.
Thereafter, Patheon shall strive to maintain Actual Annual Yield levels for each Product above the applicable Target Yield.
Within [***] after the end of each Year, Patheon will prepare an annual reconciliation of Active Materials on the reconciliation report form set forth in Exhibit D including the calculation of the "Actual Annual Yield" or "AAY" for the Product at the Manufacturing Site during the Year.