Minimum turnover clauses are often agreed in agency agreements, often combined with the company's power to terminate the agreement for cause if the agreed minimum turnover is not achieved. However, neither under Italian nor German law does the use of such a clause alone offer the certainty of a valid agreement on an extraordinary right of. Firstly, it must also be proven in the specific case that the failed achievement of the minimum turnover equals a material breach of contract; secondly, both legal systems require fault for the occurrence of the legal consequences of a breach of contract. The failure to achieve the specified minimum turnover can depend on many factors, such as the quality of the goods or the pricing policy, not all of which fall within the distributor's sphere of responsibility. Thus, the court always will have to examine whether the terminating party can reasonably be expected to continue the contract until the expiry of the notice period, taking into account all circumstances of the individual case and weighing the interests of both parties to the contract.