PROPORTIONATE CURTAILMENT Sample Clauses
PROPORTIONATE CURTAILMENT. If FCCL curtails its purchases pursuant to Section 15.1 or 15.2, it will do so on a proportionate basis, so that the volume of Chips and Pulplogs purchased by FCCL from TimberWest under this Agreement in any month during such curtailment will be not less than a volume equal to the result obtained when:
(a) the actual volume of Chips and Pulplogs (of the same species mix and quality as are delivered by TimberWest pursuant to this Agreement) that are delivered to the Pulp ▇▇▇▇▇ in such month is divided by;
(b) he total volume of such Chips and Pulplogs that FCCL, acting reasonably and in good faith, estimates would have been delivered to the Pulp ▇▇▇▇▇ in such month if no curtailment had occurred; multiplied by:
(c) the average monthly volume of such Chips and Pulplogs purchased by FCCL from TimberWest under this Agreement during each of the six months preceding the period of curtailment, excluding any previous period of curtailment; and during such period of curtailment FCCL will assist and co-operate with TimberWest to minimize the detrimental effects of such curtailment on the TimberWest Facilities, including purchase for resale when feasible and permitted, except that FCCL will not be required to incur any cost in respect thereof. FCCL's determination of its proportionate reduction or curtailment of its purchases of Chips and Pulplogs during any period will be final and binding on TimberWest.
PROPORTIONATE CURTAILMENT. If Buyer curtails its purchases pursuant to Section 13.1 or 13.2, it will do so on a proportionate basis, so that the volume of Chips purchased by Buyer from Seller under this Agreement in any month during such curtailment will be not less than a volume equal to the result obtained when:
(a) the actual volume of Chips (of the same species mix and quality as are delivered by Seller pursuant to this Agreement) that are delivered to the ▇▇▇▇▇ in such month is divided by;
(b) the total volume of such Chips that Buyer, acting reasonably and in good faith, estimates would have been delivered to the ▇▇▇▇▇ in such month if no curtailment had occurred; multiplied by:
(c) the average monthly volume of such Chips purchased by Buyer from Seller under this Agreement during each of the six months preceding the period of curtailment, excluding any previous period of curtailment; and during such period of curtailment Buyer will assist and co-operate with Seller to minimize the detrimental effects of such curtailment on the Seller’s Facilities except that Buyer will not be required to incur any cost in respect thereof.
