Maximum Delivery Amounts Clause Samples
Maximum Delivery Amounts. Seller shall sell and deliver, and PGE shall buy and receive, the Delivered Energy Quantity delivered pursuant to this Agreement, up to the Net Available Capacity. If Seller, after the Effective Date, increases (i) the Facility’s ability to deliver Facility Output, (ii) Nameplate Capacity, or (iii) Net Available Capacity through any means, including but not limited to replacement or modification of equipment or related infrastructure, such increased output or capacity shall not be considered Delivered Energy Quantity. PGE and Seller may by mutual agreement separately contract for such increased output or capacity under such terms and conditions that the Parties may agree to. For the avoidance of doubt, nothing in this Agreement shall be construed to obligate PGE to purchase such increased output or capacity.
Maximum Delivery Amounts. (a) Except as otherwise agreed in accordance with this Agreement, Bunge will have no obligation to supply Producer with any quantity of Oil in excess of (i) during any given month of a Crop Year, the then-applicable Standard Monthly Amount (the “Maximum Monthly Amount”), or (ii) during any given Crop Year, the product of (A) the then-applicable Standard Monthly Amount, times (B) 12 (the “Maximum Aggregate Amount”). The Maximum Aggregate Amount for the first Crop Year shall be adjusted as applicable to reflect the limitations on the Standard Monthly Amount as set forth in Section 1.3.
(b) Bunge and Producer will set the trend soybean crop yield for the State of Kansas for a Crop Year during the Term, where a “Crop Year” is a one-year period beginning October 1 and ending September 30 the following year. The Parties will set such trend yields for a Crop Year before the June 1 preceding such Crop Year based on crop trend yields published by the U.S. Department of Agriculture (“USDA”).
(c) If the actual soybean crop yield set forth in a USDA production report issued during August through December of a Crop Year (“Actual Monthly Yield”) is not greater than 90% of the trend yield set by the Parties for such Crop Year, then the Maximum Monthly Amount for the following month shall be reduced by 15%. However, if a subsequent USDA production report issued during August through December of such Crop Year shows that the Actual Monthly Yield for a given month has increased to an amount which is greater than 90% of the trend yield set by the Parties for such month, then the Maximum Monthly Amount for the following month shall be restored to the original Maximum Monthly Amount before the 15% reduction. If the January USDA production report published during a Crop Year shows that the Actual Monthly Yield for such month is not greater than 90% of the trend yield set by the Parties for such month, then the Maximum Aggregate Amount for the Crop Year shall be reduced by 15% and the Maximum Monthly Amount for any remaining months during such Crop Year shall be reduced by 15%.
Maximum Delivery Amounts. (a) Except as otherwise agreed in accordance with Section 1.2 of this Agreement, Bunge will have no obligation to supply Producer with any quantity of Oil in excess of (i) during any given month of a Crop Year, the then-applicable Standard Monthly Amount (the “Maximum Monthly Amount”), or (ii) during any given Crop Year, the product of (A) the then-applicable Standard Monthly Amount, times (B) 12 (the “Maximum Aggregate Amount”). A “Crop Year” is a one-year period beginning October 1 and ending September 30 the following year.