Excess Quantity Clause Samples

Excess Quantity. Board accepts no responsibility for goods or materials shipped in excess of the quantities specified herein, and any such excess may, at Board's option, be returned to Seller at Seller's expense.

Excess Quantity. (a) In any Contract Year during the Delivery Period, if the amount of Energy delivered by Seller exceeds one hundred ten percent (110%) of the annual Contract Quantity (“Excess Quantity”), the amount payable with respect to each MWh of Excess Quantity shall be calculated as follows, subject to the limitation in subsection (b) below, notwithstanding any other provision of this Agreement: Amount payable = Hourly Metered Quantity of Excess Quantity * [(0.50 * Contract Price) — Delivery Point Day-Ahead Market hourly LMP]; (b) The maximum amount payable by Buyer under this Section 2.6 will not exceed an amount calculated as:

Excess Quantity. In the event that King requires an amount in excess of [ * * *]% ([ * * *] percent) of its Forecast for the Finished Excipients (“Excess Quantity”), Durect shall exercise commercially reasonable efforts to so supply King with such Excess Quantity for the applicable period of such Forecast. Durect’s failure to so supply the Excess Quantity in any applicable period shall not be considered a breach of this Agreement. If there is any portion of the Excess Quantity that Durect cannot supply to King, despite having exercised commercially reasonable efforts to do so, then Durect and King shall agree in good faith on a solution [ * * *].

Excess Quantity. If, at any time, either Party determines, with respect to any Product Group, that the aggregate quantity of such Product Group being held in the Included Locations or the Specified Company Locations exceeds the maximum inventory level set forth on Schedule D for such Product Group in the Included Locations or the Specified Company Locations (such excess, an “Excess Quantity”), such Party shall promptly notify the other Party of the existence and volume of such Excess Quantity. Within three (3) Business Days after such notice is given, Macquarie shall advise LW as to whether Macquarie accepts such Excess Quantity (in which case Section 7.10(b) shall apply) or rejects such Excess Quantity (in which case Section 7.10(c) shall apply).

Excess Quantity. If, at any time, either Party determines, with respect to any Renewable Product Group, that the aggregate quantity of Permitted Feedstock or Renewable Product in such Renewable Product Group which is being held in the Included Storage Locations exceeds the maximum inventory level set forth on Schedule D for such Renewable Product Group in the Included Storage Locations (such excess, an “Excess Quantity”), such Party shall promptly notify the other Party of the existence and volume of such Excess Quantity. Within three (3) Business Days after such notice is given, Macquarie shall advise the Company as to whether Macquarie accepts such Excess Quantity (in which case Section 8.9(b) shall apply) or rejects such Excess Quantity (in which case Section 8.9(c) shall apply).

Excess Quantity. If, at any time, either Party determines, with respect to any Renewable Product Group, that the aggregate quantity of such Renewable Product Group being held in the Included Locations or the Specified Company Locations exceeds the maximum inventory level set forth on Schedule D for such Renewable Product Group in the Included Locations or the Specified Company Locations (such excess, an “Excess Quantity”), such Party shall promptly notify the other Party of the existence and volume of

Excess Quantity. If in any Year of the Regular Supply Period Air Products receives a quantity of methanol in excess of the Maximum Quantity for that Year, the quantity of methanol in excess of the Maximum Quantity shall reduce the Maximum Quantity to be delivered to Air Products and its Affiliates for the next Year.

Excess Quantity. 5.13.1. Subject to the provisions of this Section 5.13, at any time during a Contract Year, Buyer shall have the right to request from Seller, and Seller may elect to make available Uncommitted Quantity that is not scheduled in the ADP or 90-Day Schedule as Make-Up Quantity or Make-Good Quantity (“Excess Quantity”). 5.13.2. If Buyer desires to accept any Excess Quantity offered by Seller, Buyer shall notify Seller within ten (10) Days after the receipt of Seller’s offer that it will purchase all or part of such Excess Quantity and such LNG shall be referred to as “Accepted Excess Quantity”, provided such Accepted Excess Quantity must be capable of being delivered in Full ISO Containers. If Buyer does not respond to Seller’s offer within ten (10) Days, Buyer shall be deemed to have declined the offer of Excess Quantity and such Quantity may be offered to Other Customers at the Tilbury Facility. 5.13.3. If Buyer accepts any Excess Quantity before the finalization of the ADP for the Contract Year for which Seller agrees to make available such Excess Quantity, the Parties shall schedule the Accepted Excess Quantity pursuant to Section 8. 1. If Buyer accepts any Excess Quantity after the finalization of the ADP for the Contract Year during which Seller agrees to make available such Excess Quantity, the Parties shall schedule such Accepted Excess Quantity pursuant to Section 8.4. 5.13.4. All Accepted Excess Quantity scheduled in the ADP or 90-Day Schedule shall be interruptible quantities. Buyer shall have no liability pursuant to Section 5.6 for failure to take any Accepted Excess Quantity and Seller shall have no liability pursuant to Section 5.8 for failure to deliver any Accepted Excess Quantity.