Common use of Additional Volume Clause in Contracts

Additional Volume. During the first through fourth calendar year of the term of this Agreement, the Seller shall have the right to sell an additional annual volume of up to one million boxes of First Class Fruit from Turbo and/or Santa ▇▇▇▇▇ and the Buyer shall be obligated to purchase such Additional Volume, subject to the following conditions and at the prices agreed upon below. 2.2.5.1. The Seller shall notify the Buyer, in writing, no later than November 15 of the immediately preceding year, of its desire to exercise its right to sell the Additional Volume. In such notification, the Seller shall establish the quantity of the Additional Volume it wishes to sell to the Buyer, up to the limit of one million boxes established above. 2.2.5.2. The Seller shall have the right to sell up to five hundred thousand additional boxes of First Class Fruit during the first semester of each year (from January first to June thirtieth), allocated in equal amounts between the first and second trimesters of the calendar year, and the Buyer shall be obligated to purchase such additional volume. These additional volumes must be reflected in the Thirteen Week Estimates, which shall contain a clear identification of the additional volumes the Seller expects to deliver weekly. 2.2.5.3. During the second semester of the year (from July first to December thirty-first), the Seller shall have the right to sell an Additional Volume of First Class Fruit equivalent to the volume effectively delivered and sold during the first semester of the year, and the Buyer shall be obligated to purchase such Additional Volume. In such second semester, the Seller shall have the right to spread out such volume in such a form that during the third trimester of the calendar year it supplies and sells up to forty percent of the Additional Volume to which it has a right to deliver in the second semester and during the fourth trimester up to the remaining sixty percent of the Additional Volume to which it has a right to deliver during the second semester of such year. 2.2.5.4. The Additional Volumes of Fruit shall not be subject to the conditions of Special Force Majeure agreed upon for the Basic Volume. 2.2.5.5. The Buyer shall inform the Seller before acquiring Colombian origin bananas from any other producer or marketer. This obligation consists in consulting with the Seller regarding its availability to sell a determined banana volume indicating the week or weeks in which the Buyer requires such volume and offer the price at which it would be willing to buy it. Once the Buyer has formulated said consultation, the Seller shall promptly respond and never in a term exceeding two weeks, except for spot purchases in which the term shall not exceed one week. The lack of a prompt response shall be deemed as a refusal to participate in the proposed deal. It is agreed between the parties that an affirmative response by the Seller binds the Buyer. Alternative acquisition methods different from a simple purchase of bananas, such as swaps, transactions linked to the acquisition of bananas or other fruits of multiple origins, purchase transactions of fruit linked to maritime freight with specific destinations, and purchases of companies, are exempted from this obligation to inform.