Failure of Seller to Deliver Minimum Amount Sample Clauses

Failure of Seller to Deliver Minimum Amount. Notwithstanding the terms of Section 1.1, if during any Contract Year, Seller fails to deliver the Minimum Amount to Buyer, Seller shall be permitted to count any tons of gypsum delivered to Buyer under the Miami Fort Contract in excess of the minimum amounts required to be delivered under the Miami Fort Contract (the “Miami Fort Surplus Amount”) toward the Minimum Amount delivered under this Contract. During any Contract Year, if Seller fails to deliver the Minimum Amount after adding any Miami Fort Surplus Amount, and Seller’s failure to deliver is not due to Force Majeure, Seller will pay Buyer liquidated damages equal to the number of tons of Complying Gypsum by which Seller fails to meet the Minimum Amount (after adding any Miami Fort Surplus Amount) multiplied by two times the Base Contract Price per ton then in effect under the Miami Fort Contract (the “Miami Fort Base Contract Price”) during the period for which Seller fails to deliver the Minimum Amount (the “Minimum Amount LD Rate”). Such damages shall be credited to Buyer forty-five (45) days following the end of the applicable Contract Year. Such credit shall be carried forward for two (2) months into the next Contract Year. At the end of the two (2) month period, Seller shall pay Buyer the balance due on any such credit by check or by other mutually agreeable means within thirty (30) days. At the end of the Term, Seller shall pay any credit owed Buyer within forty-five (45) days. For the avoidance of doubt, there shall be no duplication of liquidated damages owed under this Section 1.2 and liquidated damages owed under Section 1.2 of the Miami Fort Contract for the failure of Miami Fort Seller to deliver the minimum amount of gypsum required under the Miami Fort Contract.
Sample 1
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Related to Failure of Seller to Deliver Minimum Amount

  • Conditions Precedent to the Obligation of Seller to Close The obligation of Seller to consummate the transactions contemplated by this Agreement is subject to the fulfillment, prior to or on the Closing Date, of each of the following conditions precedent, any one or more of which may be waived by Seller in writing:

  • Conditions Precedent at Closing Date The obligation of the Lenders to make Loans, and of any LC Issuer to issue Letters of Credit, is subject to the satisfaction of each of the following conditions on or prior to the Closing Date:

  • Conditions to Seller’s Obligation to Close The obligation of the Seller to convey the Property to the Purchaser is subject to the satisfaction of the following conditions precedent on and as of the Closing Date:

  • Conditions Precedent to the Obligation of Buyer to Close Buyer’s obligation to close pursuant to the terms of this Agreement is subject to the satisfaction, on or prior to the Closing, of each of the following conditions, unless waived by Buyer in writing:

  • Seller’s Conditions Precedent to Closing The obligation of Seller to consummate the transactions contemplated by this Agreement shall be subject to fulfillment at or prior to the Closing of the following conditions, any one or more of which may be waived in writing by Seller:

  • CONDITIONS PRECEDENT TO SELLER'S OBLIGATION TO CLOSE Sellers' obligation to sell the Shares and to take the other actions required to be taken by Sellers at the Closing is subject to the satisfaction, at or prior to the Closing, of each of the following conditions (any of which may be waived by Sellers, in whole or in part):

  • Seller Deliveries At the Closing, Seller shall deliver to Purchaser:

  • Closing Deliveries by Seller At the Closing, Seller shall deliver or cause to be delivered to Purchaser:

  • Conditions Precedent to Closing Date The obligation of the Lenders to make each Loan hereunder, and the obligation of the Letter of Credit Issuer to issue Letters of Credit hereunder, in each case, on the Closing Date are subject to the satisfaction on or prior to the Closing Date of each of the following conditions:

  • Purchaser Closing Deliveries At the Closing, Purchaser shall deliver, or cause to be delivered, the following:

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