definiens: shall mean that, during any twelve ( 12 ) month period during theTerm ( which period shall be measured as set forth below ), ( i ) multiple instances of Inability toSupply have occurred and ( ii ) as a result of such instances of Inability to Supply, the aggregatequantity of conforming Product that Schwarz has supplied during such twelve ( 12)month period, either on time or within the sixty ( 60 ) day cure period applicable to any Inability to Supply, represents less than ~ntY : five percent ( ll% ) of the aggregate quantity of Product specified inValid Purchase Orders submitted to Schwarz in accordance with this Agreement for shipmentduring such twelve ( 12 ) month period . The twelve ( 12 ) month period applicable to anydetermination of whether a Failure to Supply has occurred shall commencc upon the requireddelivery date specified in the Valid Purchase Order to which the flISt applicablc instance ofInability to Supply relates