Pro Rata Apportionment Clause Samples
A Pro-rata Apportionment clause defines how obligations, benefits, or liabilities are divided among parties in proportion to their respective shares or involvement. In practice, this means that if costs, revenues, or responsibilities arise, each party is allocated a portion based on a predetermined ratio, such as ownership percentage or usage level. This clause ensures fairness by aligning each party’s share with their actual stake, thereby preventing disputes and clarifying how resources or burdens are distributed.
Pro Rata Apportionment. If Seller's performance is excused by an Excuse event, Seller may, for the duration of the Excuse event, apportion the available coal pro rata among Seller's other coal customers and Buyer, taking into account projected deliveries and the quantities that have historically been delivered to Buyer and to such other customers during the period(s) of the year that the Excuse event is expected to last, provided, however that where the Excuse event also gives Seller the right to declare that it is excused from performance under its agreement with any of its other coal purchasers and where Seller fails to notify any of the other purchasers of the event within the 15 day period set forth in Section 8.02, Seller shall not be entitled to apportion the available coal until Seller has so notified all other purchasers.
Pro Rata Apportionment. If, as a result of force majeure, Seller at any time does not have available a sufficient amount of Maya for export to supply the aggregate amount of Maya to be sold by it hereunder to Buyer and under such commitments as Seller may have with its other customers, Seller shall not reduce the quantity of Maya sold to Buyer hereunder by a percentage greater than the percentage by which Seller reduces the aggregate amount of its sales of Maya to (i) other export customers under agreements to supply 50,000 BPD or more of Maya, or (ii) in the event such agreements represent less than twenty percent (20%) of Seller's exports of Maya, Seller's other export customers in general; it being understood that the occurrence of an event of force majeure shall not under any circumstances require Seller to purchase crude oil from any party to sell to Buyer.
Pro Rata Apportionment. If necessary, the Rates and Taxes will be apportioned on a pro-rata daily basis at the beginning and at the end of the Term.
Pro Rata Apportionment. If, as a result of force majeure, Seller at any time does not have available a sufficient amount of Maya for export to supply the aggregate amount of Maya to be sold by it hereunder to Buyer and under such commitments as Seller may have with its other customers, then Seller (a) shall not reduce the quantity of Maya sold to Buyer hereunder by a percentage greater than the percentage by which Seller reduces the aggregate amount of its sales of Maya to (i) other export customers under agreements to supply 50,000 BPD or more of Maya, or (ii) in the event such agreements represent less than twenty percent (20%) of Seller's exports of Maya, Seller's other export customers in general, and (b) in the event such force majeure is a Governmental Force Majeure, the amount by which the quantity of Maya sold and delivered to Buyer hereunder would otherwise be reduced due to such Governmental Force Majeure shall be applied by Seller first against any quantity of Maya nominated for sale and delivery to the Refinery under any other crude oil supply agreement between Seller and Buyer or any of its Affiliates to the full extent such quantity is not otherwise reduced due to force majeure under the terms of such other agreement. It is expressly understood and agreed that the occurrence of an event of force majeure shall not under any circumstances require Seller to purchase crude oil from any party to sell to Buyer.