Common use of Facilities Charge Clause in Contracts

Facilities Charge. Freeport shall be entitled to a fee for the use of Freeport's facilities in rendering the services described in Articles V (other than those described in Section 5.5), VII and VIII. Fifteen (15) days after the beginning of each quarter after the Commencement Date, Freeport shall estimate the quantity of Felmont Main Pass Sulphur to be received during such quarter and shall invoice Felmont a Facilities Charge which shall be $3.00 (three dollars) per ton of such estimated tonnage until and unless such amount is adjusted as provided in Article X. The actual tonnage of Felmont Main Pass Sulphur received in a current quarter will be indicated in the Facilities Charge invoice for the next succeeding quarter, with appropriate adjustment being made to the Facilities Charge for such succeeding quarter to reflect the actual tonnage received in the current quarter.