SALES QUOTA Sample Clauses
SALES QUOTA. The Company reserves the right to complete sales in the territory if as above (1.02) in the Companies assessment the Marketing Agent is not satisfactorily serving prospective Buyers. The Company agrees that any sales or orders generated directly or indirectly within the territory, or for use and operation within the territory will be counted as part of the required sales quota.
Get the Official Word Add-in
SALES QUOTA. Reseller acknowledges that a failure to achieve the minimum volumes defined in Exhibit C may be grounds for termination of this agreement. With regard to Reseller's status as a Premier Partner, Publisher shall be entitled to evaluate Reseller's progress quarterly. In the event that Reseller fails to meet the Sales Quota for two (2) consecutive quarters, Publisher may notify Reseller in writing that Reseller has been placed on a minimum six (6) month probation as a Premier Partner. Reseller shall then submit to Publisher, within thirty (30) days of such notice, a satisfactory plan to meet the Sales Quota as a Premier Partner. If Publisher determines, in it's good faith discretion, that Reseller has not made satisfactory progress within the probation period, or has not met the applicable Sales Quota for four (4) consecutive quarters following the probation notice, then Publisher may terminate this agreement upon ten (10) days written notice to Reseller. If Reseller achieves the assigned Sales Quota for Premier Partner status for the following two (2) consecutive quarters, Reseller shall be re-instated as a Premier Partner.
SALES QUOTA. During each Period (as defined in Annex C) of this Agreement, COMPANY shall order, for delivery within the respective Period, minimum quantities of Products as set forth in Annex C (each such quantity, a "Sales Quota"). The Sales Quotas applicable during the term of this Agreement are set forth on Annex C hereto. COMPANY accepts that satisfying the Sales Quotas is a material aspect of this Agreement, and that failure to do so shall constitute just cause for termination of this Agreement by Dade Behring. In the event of any such failure, Dade Behring shall be entitled to serve upon COMPANY written notice thereof and, if Dade Behring and Company do not agree upon an appropriate plan to address the situation within 30 days of receipt of such notice then this Agreement will terminate. However, such situation will be deemed to have been satisfactorily addressed if during such 30-day period Company shall purchase sufficient Products not only to offset the shortfall complained of but also to fulfil on a pro rata basis its current purchase requirements.
SALES QUOTA. 9.1 The Parties mutually agree to establish the sales quotas for the exclusive TERRITORY granted to TUTIMPEX, by taking into consideration the information included in the Plan mentioned in the article 6.1 herein. TUTIMPEX Will place an initial trial order of fifty thousand US dollars (50 000 USD), forty-five (45) days after receiving all samples and marketing support materials from NEURO-BIOTECH.
Related to SALES QUOTA
- Sales, Etc of Assets. Sell, lease, transfer or otherwise dispose of, or permit any of its Subsidiaries to sell, lease, transfer or otherwise dispose of, any assets, or grant any option or other right to purchase, lease or otherwise acquire any assets, except:
- Sales Milestone Payments Licensee shall notify MTI of any Calendar Year in which annual Net Sales of a Licensed Product in such Calendar Year in all countries in the Territory reach the following thresholds for the first time within [***] days after the end of such Calendar Year, and shall make the following sales milestone payments to MTI within [***] days after receiving an invoice from MTI therefor: Annual Net Sales Threshold Sales Milestone Payment [***] [***] [***] [***] [***] [***] Each sales milestone payment is separate and may only be earned once for each Licensed Product, irrespective of the number of times such thresholds are achieved for such Licensed Product, but if more than one Net Sales threshold is reached in the same Calendar Year, all corresponding sales milestone payments shall be payable during such Calendar Year. For example, if annual Net Sales of a Licensed Product first reach [***] dollars [***] in Calendar Year 1, [***] dollars [***] shall be payable to MTI for such Calendar Year 1, however, if annual Net Sales of a Licensed Product first reach [***] dollars ($500,000,000) in Calendar Year 2 [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. (without first reaching [***] dollars [***] in Calendar Year 1), then both the [***] dollars [***] and the [***] dollars [***] sales milestone payments would be payable to MTI for such Calendar Year 2. Net Sales of the Co-Exploited Product in the United States, which are subject to profit and loss sharing pursuant to the Co-Exploitation Terms, shall be excluded from the annual Net Sales of such Co-Exploited Product for purposes of this Section 7.10.
- Gross Sales Notwithstanding anything in the Lease to the contrary the definition of Gross Sales shall be as follows:
- Sublicense Revenue In the event Licensee or an Affiliate of Licensee sublicenses under Section 2.2, Licensee shall pay CareFusion **THE CONFIDENTIAL PORTION HAS BEEN SO OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAS BEEN FILED SEPARATELY WITH THE COMMISSION.** of any Sublicense Revenues resulting from sublicense agreements executed by Licensee.
- Royalty Rates Within [***] ([***]) [***] after the end of each calendar quarter, commencing with the calendar quarter during which the First Commercial Sale of a Licensed Product is made anywhere in the Territory and during the applicable Royalty Term, Hansoh shall make royalty payments to Viela based on Net Sales of all Licensed Products sold in the Territory in accordance with the table below. Within [***] ([***]) [***] after the end of each calendar quarter during the Term, Hansoh shall provide to Viela a report that contains the following information for the applicable calendar quarter, on a region-by-region basis: (i) the amount of Net Sales of such Licensed Product, (ii) a calculation of the royalty payment due on such Net Sales, including any royalty reduction made in accordance with Section 5.4(d), and (iii) the exchange rate used for converting any Net Sales recorded in a currency other than Dollars. In the case that the annualized royalty rate during a particular calendar year is more than that set forth in the table below, the corresponding overpayment received by Viela shall be credited to Hansoh against subsequent royalty payments; and in the case that the annualized royalty rate during a particular calendar year is less than that set forth in the table below, Hansoh shall pay the difference within [***] ([***]) [***] after receipt of Viela’s invoice. Threshold of the Net Sales of all Licensed Products Royalty % [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.
- Net Sales The term “
- Minimum Sales 4.1 The minimum volume of sales of the Products that CSR commits to use its best efforts to achieve in the Territory on an annual basis in the first Agreement Year is 60,000 gallons (avg. 5,000 gallons per month). RCAI will review the annual volumes of sales of the Products prior to the beginning of any successive term during which this Agreement may continue and RCAI may change and adjust such minimums as it, in its sole judgment, sees fit.
- Xxxxx Name: Xxxxxxx X. Xxxxx Title: Assistant Treasurer
- Xxxxxxxxx Payments The Company shall pay Executive cash benefits equal to:
- Royalty Rate Royalties shall be computed at the rate of six percent (6%) of Licensee's Net Sales during the applicable quarterly period.