General Principles of Allocation. In the absence of a Supply Shortage or a Production Surplus, the JSC shall be guided by the following principles in establishing the Five-Year Plans.
General Principles of Allocation. As reflected in the definitions of Assumed Environmental Liabilities and Excluded Environmental Liabilities in Sections 4.01 and 4.02(f) respectively of this Agreement, and in the specification of Seller Environmental Liabilities and Buyer Environmental Liabilities in Sections 17.01(a) and 17.02(a) respectively of this Agreement, the Parties intend that Seller Environmental Liabilities shall include all liabilities for Environmental Claims that arise out of the use, ownership or operation of the Business Assets or the conduct of the Business prior to the Closing Date, and the use, ownership or operation of the Sugar Creek Assets on or after the Closing Date, and that the Buyer Environmental Liabilities shall include all liabilities for Environmental Claims that arise out of the use, ownership or operation of the Business Assets or the conduct of the Business on or after the Closing Date, and the use, ownership or operation of the Sugar Creek Assets prior to the Closing Date. As reflected in such sections, the Parties also recognize that liabilities for Environmental Claims can arise from conditions, including the presence, release or threat of release of Materials of Environmental Concern, or violations or alleged violations of Environmental Laws, that exist both before and after the Closing Date. To the extent that Seller Environmental Liabilities or Buyer Environmental Liabilities include an Environmental Claim that arises from the presence, release or threat of release of Materials of Environmental Concern, or from the violation or alleged violation of Environmental Laws, that may exist both before and after the Closing Date, the Parties intend that their respective liabilities therefor, for purposes of this Agreement, shall be allocated between them as follows:
General Principles of Allocation. 1. Subject to the provision contained in § 1, sub-paragraph 2, the Consortium shall make every effort towards allocating in a reasonable way, the business activities of the Consortium between the three countries.
