Common use of Processing Cycle Parameters Clause in Contracts

Processing Cycle Parameters. (a) Seller agrees that each class of the Products processed hereunder shall be processed in accordance with the cycle parameters for such class of Products set forth in Schedule A attached hereto. The parties agree that no cycle parameters will provide for gas concentration in excess of [ * ] mg/L unless the parties agree on the pricing for such gas concentration. Buyer may modify the cycle parameters for any class of Products from time to time and the parties may agree upon additional cycle parameters for new classes of Products. No cycle parameters, modifications or additions shall become effective and binding upon the parties until the cycle parameters, modifications or additions and the pricing therefore have been agreed upon in a writing signed by both parties. (b) In the event Seller becomes aware that it has failed in any respect to process any of the Products in accordance with the applicable cycle parameters, Seller shall notify Buyer of such nonconformity no later than the work day following Seller's discovery of such nonconformity. In the event a facility of Seller fails to process in accordance with applicable cycle parameters Products accounting for in excess of the percentage specified in Schedule E, Section III, of Products processed by that facility, Buyer may charge Seller an amount for each variation above the specified percentage to reflect the actual additional cost Buyer incurs in labor and testing not to exceed [ * ].