Question: Consider the Promotion Agreement between Depomed, Inc. and King Pharmaceuticals, Inc. for Glumetza; Is there a minimum commitment required under this contract?
Relevant contract clauses:
[{"span": [42251, 42711], "answer": "From and after the Promotion Commencement Date, King shall perform at least [***] PDEs per calendar year, with such amount prorated over the initial and final calendar years of the Term if either such year is a partial year. In fulfilling its obligations under this Section 4.1(b), King will perform [***], as follows: King will perform no less than an average of [***], with such reach and frequency as the JCC determines as part of the Annual Plan each year.", "file_path": "cuad/KINGPHARMACEUTICALSINC_08_09_2006-EX-10.1-PROMOTION AGREEMENT.txt"}, {"span": [45281, 45804], "answer": "King agrees that from and after the Promotion Commencement Date, the King Sales Force will be staffed with at least [***] full-time Sales Representatives (subject to vacancies consistent with average vacancy rate experienced by King across its total sales force) who are actively promoting the Product in accordance with the Launch Plan or Annual Plan (the \"Minimum Sales Force Level\"); provided that King may meet such requirement to actively promote the Product by promoting the Product through P2 Details and P3 Details.", "file_path": "cuad/KINGPHARMACEUTICALSINC_08_09_2006-EX-10.1-PROMOTION AGREEMENT.txt"}, {"span": [112969, 113347], "answer": "In the event that King does not perform the PDE Minimum in any Agreement Quarter (the difference between such PDE Minimum and the number of PDEs actually conducted, the \"PDE Shortfall\"), King will have until the end of the Agreement Quarter immediately following to cure its failure by providing a sufficient number of excess PDEs in the immediately following Agreement Quarter.", "file_path": "cuad/KINGPHARMACEUTICALSINC_08_09_2006-EX-10.1-PROMOTION AGREEMENT.txt"}, {"span": [113354, 113644], "answer": "If King does not perform, in the aggregate, two times the PDE Minimum in any two consecutive Agreement Quarters, Depomed may demand that King cure such default by (A) [***] and (B) [***], in each case, prior to the end of the next succeeding Agreement Quarter following notice from Depomed.", "file_path": "cuad/KINGPHARMACEUTICALSINC_08_09_2006-EX-10.1-PROMOTION AGREEMENT.txt"}, {"span": [113652, 113911], "answer": "Upon the third failure by King to meet the PDE Minimum during any six consecutive Agreement Quarters, Depomed shall have the right to [***] or demand that King shall cure such default in the same manner outlined in clause (i) above for the first such default.", "file_path": "cuad/KINGPHARMACEUTICALSINC_08_09_2006-EX-10.1-PROMOTION AGREEMENT.txt"}, {"span": [113917, 114282], "answer": "If, as of the end of any period of the immediately previous four consecutive Agreement Quarters, Promotion Net Sales for such period are less than $[***], either party shall have the right to terminate this Agreement on 120 days' prior written notice to the other party, which notice may not be given before the third anniversary of the Promotion Commencement Date.", "file_path": "cuad/KINGPHARMACEUTICALSINC_08_09_2006-EX-10.1-PROMOTION AGREEMENT.txt"}]