Customer Rebate. 11.5.2 The Customer and the Service Provider may (but shall not be obliged) in advance of agreeing to take a supply of goods or services seek to agree a Customer Rebate. Where such rebate is agreed the amount of the Customer Rebate shall be documented in the Order form and reported to ESPO by the Customer and the Service Provider.
Customer Rebate. If for any month during the Contract Year the aggregate amount of Shaft Energy delivered to Customer during such month is less than the HP-hour Minimum (a "HP Shortfall Month"), ECT shall pay to Customer an amount equal to the lesser of (i) the difference between such aggregate amount of Shaft Energy delivered to the Customer during the HP Shortfall Month and the HP-hour Minimum multiplied by $0.018 per HP-hour or (ii) 126,263 HP-hours multiplied by the number of days in the applicable month, further multiplied by $0.018 per HP-hour. ECT shall make such payment for all HP Shortfall Months during the Contract Year, if any, (the "Yearly Shortfall Payment") to Customer within 90 days of the last day of such Contract Year.
Customer Rebate. The parties acknowledge that a rebate (the “Rebate”) may be payable to FMC-NA under the FMC Agreement for the contract year that commenced on July 1, 2006 and will end on June 30, 2007 (the “Rebate Period”) based on the total dollar amount of “Schedule A, B, and C products” (as defined in and contemplated by Section 4 of the FMC Agreement) purchased by FMC-NA (“Total FMC Sales”). The total Rebate will be equal to the product of Total FMC Sales and a “Factor,” such Factor determined as follows: (i) if Total FMC Sales is at least $5 million, but less than $5.5 million, then 1%; (ii) if Total FMC Sales is at least $5.5 million, but less than $6 million, then 1.5%; or (iii) if Total FMC Sales is at least $6 million, then 2%. Seller will be solely responsible for the product of (x) sales to FMC-NA during the period commencing July 1, 2006 and ending on March 30, 2007 (the “Seller FMC Sales”) divided by (y) Total FMC Sales multiplied by (z) the total Rebate. Purchaser will be solely responsible for the product of (a) sales to FMC-NA during the period commencing March 31, 2007 and ending on June 30, 2007 (the “Purchaser FMC Sales”) divided by (b) Total FMC Sales multiplied by (c) the total Rebate. Purchaser and Seller will cooperate in good faith with respect to the timing of their respective payments of the Rebate to FMC-NA and the preparation and delivery to FMC-NA of the written accounting required under the FMC Agreement related to the Rebate, all of which shall be performed so as to remain in compliance with the FMC Agreement.
Customer Rebate. Provision of a rebate to the customers under the Program does not constitute PNG assuming any ownership interest, either in whole or in part, of the product(s) that are the subject of the rebate.
