Long Term Capacity. If the Customer has agreed to acquire Long Term Capacity:
Long Term Capacity. This is capacity for a period of three (3) years which is offered by GrainCorp to Customers under a Long Term Port Terminal Services Agreement.
Long Term Capacity. The Long Term Capacity sought must be at a minimum of one (1) Port Terminals;
Long Term Capacity. If a Customer fails to pay the Long Term Capacity Deposit in its entirety and in accordance with the CBH invoice, CBH may elect to terminate the Long Term Agreement and release any Long Term Capacity as Spare Capacity. The Customer will remain liable for the payment of any Long Term Capacity Deposit that has not been paid together with any damages in respect of any forfeited Capacity that is not subsequently acquired.
Long Term Capacity. ACT II and XXXXXXX agree that if, and only if, the Global Supply Team agrees in good faith, taking into account the forecasts for the Product provided by XXXXXXX in good faith pursuant to the Agreement, that the volumes of the Product so ordered by XXXXXXX will exceed the combined capacity of the first, second and third wet process lines and the existing filling lines at ACT II's Wilmington, Ohio facilities, then XXXXXXX will have the option to establish its own manufacturing facility for the manufacture of the Product by XXXXXXX or any of its Affiliates. If the Global Supply Team so agrees, both parties will discuss in good faith the timing and specific conditions for the establishment of any such additional manufacturing facility with a view to maximizing the chances for an expedient and successful validation of such facility. Among other conditions to be negotiated by the parties in good faith and agreed upon in writing, ACT II will provide, if necessary and at the expense of XXXXXXX, commercially reasonable training and support including the transfer of all necessary data and instructions to achieve such objectives. The parties agree that commercial manufacturing at such facility will not begin unless and until ACT II and XXXXXXX have negotiated in good faith and agreed in writing upon appropriate economic mechanisms to preserve ACT II's net economic benefit under the current agreements between the parties with respect to the Product, including without limitation the Agreement, the Addendum, and the Agreement between the parties dated December 21, 2002, as amended. For the purpose of determining the net economic benefit referred to above, the parties will also consider a reasonable utilization percentage of the first, second and third wet process lines and the existing filling lines at ACT II's Wilmington, Ohio facilities. At the Effective Date of this Amendment, the parties contemplate such reasonable percentage to be * of the capacity thereof, unless the parties agree otherwise when negotiating such economic mechanisms referred to above. The parties furthermore agree that such percentage may vary as a result of *. The terms and conditions of this Section 13 will supersede the terms and conditions of Section 9 of the Agreement between the parties dated December 21, 2002, as amended.
