Additional Tons Sample Clauses

Additional Tons. Seller represents and warrants to Buyer that from January 1, 2005 through February 11, 2005, Seller shipped to Buyer, pursuant to the Interim Agreement, [***] of [***]. In satisfaction of Seller’s maximum weekly [***] shipment obligation set forth in the first sentence of subsection (c) of this Section 3 with respect to the week ending February 20, 2005, Seller shall [***] during said week a number of tons of [***] equal to the amount, if any, by which [***] exceeds the number of tons shipped by Seller to Buyer during said week pursuant to the Interim Agreement. In reliance on the representation and warranty in this subparagraph (d), the parties agree that in addition to any other Quartz Sand Products otherwise required to be shipped hereunder, Seller shall [***] tons of [***] no later than March 11, 2005 in accordance with the terms of this Agreement.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Additional Tons. In the event that the full Coal requirements for Buyer’s Facility are in excess of 900,000 tons per Delivery Year, Seller shall, in good faith, determine whether the tons in excess of the Basic Requirements (the “Additional Tons”) can be supplied from the Mine (including any Mine used to supply Substitute Coal for all or part of the Additional Tons) or any other Alternative Source on the same terms and conditions as it provides the Basic Requirements hereunder. If Seller elects not to supply all or any part of the Additional Tons on the same terms and conditions of this Agreement (the “Declined Tons”), then it shall promptly (and, in any event, within ten (10) Days) provide Notice thereof to Buyer and Buyer shall have the right to solicit proposals for the supply of the Declined Tons from third parties. If Buyer determines to provide for the Declined Tons from one or more third parties, then Seller shall have the right to match the price and other terms for the supply of the Declined Tons. In order to effect this right, Buyer shall give Notice to Seller of the terms and conditions for each third party offer it intends to accept for the delivery of Declined Tons. Such Notice shall specify all terms for the delivery of such Declined Tons that are different in any material respects than the terms of this Agreement applicable to the Basic Requirements, together with any additional information regarding such offer that is reasonably requested by Seller. Within five (5) Business Days following receipt of Buyer’s Notice, including all differing terms and any additional information reasonably requested by Seller, Seller shall either accept or reject the delivery of such Declined Tons on the terms provided by Buyer. If Seller accepts such terms, then the Declined Tons will be delivered under this Agreement as modified by the terms provided by Buyer and so accepted by Seller. If Seller rejects such terms, then Buyer may provide for the delivery of the Declined Tons by the third-party on terms that are not different in any material respect than the terms specified in Buyers Notice to Seller; provided, however, that Buyer shall provide for such Declined Tons pursuant to a written contract with the third party supplier, shall provide Seller’s in-house designated legal counsel or a nationally-recognized coal consultant with a fully executed copy of such contract (without redaction or incomplete terms, conditions or schedules) and shall provide Seller’s in-house designat...
Sample 1
Additional Tons. From time to time, Turris may choose to make additional coal available for sale to City at prices agreed to at such time by both parties. This additional coal is to provide City the ability to execute new spot market electricity sales on any hourly basis that would be in addition to City's existing native load sales and any sales to customers under contract as of January l, 1998 ("Additional Tons"). Additional Tons shall be approved by Turris and may be discontinued at any time upon telephone notification by an authorized Turris representative. Such new spot electricity sales shall be conducted by an authorized representative of City, but not by representatives from City's established dispatch system who conduct traditional electrical sales. Concurrent with each ten day billing period under this Contract, City will provide documentation as requested by Turris of any such new electricity
Sample 1

Related to Additional Tons

  • ADDITIONAL TERMINATION In addition to any other termination provisions contained in this Agreement, the Optionee shall at any time have the right to terminate its rights and future obligations under this Agreement by giving notice in writing of such termination to the Optionor, and in the event of such termination, the Optionee shall not earn any interest in the Property, and this Agreement, save and except for the provisions of paragraphs 13 hereof, shall be of no further force and effect.

  • Additional Termination Rights In addition to any right to terminate this Agreement under the provisions of this Section 16, either party shall have the further right to terminate this Agreement, upon delivery of written notice to the Agent, upon the occurrence of any of the following:

  • Additional Terms None B-1

  • Additional Termination Events The following Additional Termination Events will apply:

  • Additional Termination Event If any "Additional Termination Event" is specified in the Schedule or any Confirmation as applying, the occurrence of such event (and, in such event, the Affected Party or Affected Parties shall be as specified for such Additional Termination Event in the Schedule or such Confirmation).

  • Additional Termination Provisions Notwithstanding and in addition to the foregoing, in the event that (i) a Mortgage Loan becomes delinquent for a period of 90 days or more (a "Delinquent Mortgage Loan") or (ii) a Mortgage Loan becomes an REO Property, the Purchaser may at its election terminate this Agreement with respect to such Delinquent Mortgage Loan or REO Property, upon 15 days' written notice to the Seller.

  • Additional Term Loans Subject only to the satisfaction or waiver of the conditions expressly set forth in Section 4 of the Eleventh Amendment, each 2014-1 Additional Term Lender agrees to make a loan in Dollars (the “2014-1 Additional Term Loans”) to the Borrower on the Eleventh Amendment Effective Date in the aggregate principal amount of such Lender’s 2014-1 Additional Term Commitment. No amount of a 2014-1 Additional Term Loan which is repaid or prepaid by the Borrower may be reborrowed hereunder. The 2014-1 Additional Term Loans shall be denominated in Dollars, shall be maintained as and/or converted into Base Rate Loans or Eurocurrency Loans or a combination thereof, provided, that all 2014-1 Additional Term Loans made by the 2014-1 Additional Term Lenders pursuant to the same Borrowing shall, unless otherwise specifically provided herein, consist entirely of 2014-1 Additional Term Loans of the same Type. The proceeds of the 2014-1 Additional Term Loans made on the Eleventh Amendment Effective Date shall be placed into escrow with the Eleventh Amendment Escrow Agent on the terms set forth in the Eleventh Amendment Escrow Agreement. Subject only to the satisfaction or waiver of the conditions set forth in (x) Section 5.5 or (y) Section 5.2 and Section 5.6, as applicable, and the additional conditions expressly set forth in the Eleventh Amendment Escrow Agreement, the 2014-1 Additional Term Loans shall be released from escrow on the Eleventh Amendment Release Date. If the 2014-1 Additional Term Loans Termination Date occurs, the proceeds of the 2014-1 Additional Term Loans shall be released from escrow on the conditions set forth in the Eleventh Amendment Escrow Agreement and refunded and repaid in full (together with all accrued and unpaid interest thereon) to the 2014-1 Additional Term Lenders on the 2014-1 Additional Term Loan Maturity Date in accordance with the Eleventh Amendment Escrow Agreement.

  • ADDITIONAL TERMS AND CONDITIONS This Annex A to the Second Amended and Restated Servicing Agreement, dated October 31, 2021 (the “Agreement”), among Xxxxx Bank and Xxxxx Trust Company, as Sellers, the Bank Assets Purchaser and, upon execution of the Joinder Agreement, the Delaware Trust Assets Purchaser, as Purchasers, and Guarantor (solely for purposes of Section 9.5 of the Agreement), is incorporated into and deemed part of the Agreement in all respects.

  • Term of Services The initial term of this agreement is for a two ---------------- year period commencing on January 1, 1999, subject to the termination section of this agreement, with the parties agreeing to confirm any subsequent extension of this initial term in a signed written agreement setting forth any amended or supplemental conditions.

  • Additional Terms/Acknowledgements The undersigned Participant acknowledges receipt of, and understands and agrees to, this Stock Appreciation Right Grant Notice, the Award Agreement, and the Plan. Participant further acknowledges that as of the Date of Grant, this Stock Appreciation Right Grant Notice, the Award Agreement, and the Plan set forth the entire understanding between Participant and the Company regarding the award of the Stock Appreciation Rights and supersede all prior oral and written agreements on that subject with the exception of (i) awards previously granted and delivered to Participant under the Plan, and (ii) the following agreements only: OTHER AGREEMENTS: LEVI XXXXXXX & CO. PARTICIPANT: By: Signature Signature Title: SVP Worldwide Human Resources Date: Date: LEVI XXXXXXX & CO. 2006 EQUITY INCENTIVE PLAN STOCK APPRECIATION RIGHT AGREEMENT Pursuant to your Stock Appreciation Right Grant Notice (“Grant Notice”) and this Stock Appreciation Right Agreement (the “Award Agreement”), Levi Xxxxxxx & Co. (the “Company”) has granted you a Stock Appreciation Right under its 2006 Equity Incentive Plan (the “Plan”) covering the number of Common Stock equivalents (“Stock Appreciation Rights”) as indicated in your Grant Notice (collectively, the “Award”). Defined terms not explicitly defined in this Award Agreement but defined in the Plan shall have the same definitions as in the Plan. The details of your Award are as follows:

Time is Money Join Law Insider Premium to draft better contracts faster.