Common use of Additional Quantity Clause in Contracts

Additional Quantity. (a) In addition to the Base Quantity and subject to the conditions set forth in Section 3.2(b) hereof, on or before 31 July 2011, VMSC may elect to purchase from Mission up to an additional sixty million gallons per annum of either JME or CJO or both (provided the quantity of JME and CJO does not exceed 60 million gallons per annum in the aggregate) (collectively the “Additional Quantity”) by providing written notice to Mission of its election along with the desired quantities to be purchased. The purchase of Additional Quantity shall be on the same terms and conditions as specified in Section 3.1(a) above with delivery to commence 31 July 2012. As soon as reasonably possible following VMSC’s election but in no event later than 30 days, Mission shall send VMSC a written acknowledgement memorializing the terms of the sale for the Additional Quantity. After an election is made, the Additional Quantity may be adjusted upon mutual agreement of the Parties. (b) Mission's obligation to supply Additional Quantities of JME or CJO shall be contingent upon Mission having or obtaining sufficient: (i) Product volume; (ii) Product Manufacturing capacity; and (iii) Mission not committing additional volumes of JME or CJO to other third parties, prior to receipt of VMSC's notice exercising its election to purchase Additional Quantity of Product.