definiens: shall mean : ( X ) with respect to any 60 - day period, more than hOo/~of the NanoKans to be delivered during such period were delivered more than 30 days after the respective delivery dates therefor ; or ( Y ) with respect to any six - month period, more than@%)of the NanaKans to -15- * * * m-~~roq .,Jt'''~a:'';'I'1t''JlCn ~ q d ! ~:;~H ~ H~~~!{.1!I. ~ TREAT ~ lENT F1EQUESTED I be delivered during such period e~.lJdelivery dates therefor, provided, in each case, that not more than [ 00,0001 nor fewer thanIT, OOQ ] NanoKans were to be delivered during any 30 - day period . " ( b ) . The remedy provided in this Section 7.11 shall be in addition to any other remedies available to [COMPANY] under this Agreement, at law or in equity . [COMPANY] 's rights under this Section 7.11 shall not be affected in any way by its waiver or failure to take action with respect to any previous event giving rise to such right