211621P.pdf   12/29/2021  Midwest Medical Solutions, LLC  v.  Exactech U.S., Inc.
   U.S. Court of Appeals Case No:  21-1621
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Kelly, Author, with Colloton and Shepherd, Circuit Judges] 
   Civil Case - Diversity. After Midwest Medical Solutions failed to meet is 
   sales quota in accordance with its Sales Agency Agreement with Exactech, 
   Midwest was terminated and entitled to a Restricted Period Compensation. 
   The parties disagreed with the terms the RPC and the district court 
   concluded Midwest was entitled to 7.5% of preceding twelve-months sales 
   total, not 7.5% of sales total for each of the next six months. The 
   language is unambiguous. "During each calendar month of the first six 
   months" means the amount to be paid each month. Construing the plain 
   language in light of the rest of the contract does not alter the result; 
   there is no claim of unilateral or mutual mistake. Because the district 
   court did not apply the plain and ordinary meaning, the district court's 
   judgment is reversed.