Common use of Additional Volumes Clause in Contracts

Additional Volumes. Seller shall Notify Buyer and solicit from Buyer an offer of purchase of any Additional Volumes other than (a) those Additional Volumes of Crude Helium processed at Seller’s Facility and (b) those Additional Volumes Seller chooses to store. If Buyer Notifies Seller that it elects not to purchase such Additional Volumes, or does not respond within 90 days thereafter, Seller may offer such Additional Volumes to third parties. If Buyer offers to purchase such Additional Volumes, Seller may during the next 90 days solicit offers of purchase from third parties, but Seller may not sell such Additional Volumes to a third party on terms more favorable to the third party than those offered by Buyer. If Seller has not agreed to sell such Additional Volumes to a third party within this period, or elected to store or not produce such Additional Volumes, Buyer’s offer shall be deemed accepted. Buyer shall have the rights in this Section 4.2 for such Additional Volumes only where such rights do not conflict with Seller’s obligations predating this Agreement or with Seller’s ability to enter into new projects (including with Nitrotec Corporation).

Additional Volumes. Seller shall Notify Buyer and solicit from Buyer an offer of purchase of any Additional Volumes other than (a) those Additional Volumes of Crude Helium processed at Seller’s 's Facility and (b) those Additional Volumes Seller chooses to store. If Buyer Notifies Seller that it elects not to purchase such Additional Volumes, or does not respond within 90 days thereafter, Seller may offer such Additional Volumes to third parties. If Buyer offers to purchase such Additional Volumes, Seller may during the next 90 days solicit offers of purchase from third parties, but Seller may not sell such Additional Volumes to a third party on terms more favorable to the third party than those offered by Buyer. If Seller has not agreed to sell such Additional Volumes to a third party within this period, or elected to store or not produce such Additional Volumes, Buyer’s 's offer shall be deemed accepted. Buyer shall have the rights in this Section 4.2 for such Additional Volumes only where such rights do not conflict with Seller’s 's obligations predating this Agreement or with Seller’s 's ability to enter into new projects (including with Nitrotec Corporation).