Reduction of Contractual Tonnage due to Reduction of Seller's Ability to Produce Sample Clauses

Reduction of Contractual Tonnage due to Reduction of Seller's Ability to Produce. If at any time during the term of this Agreement, Seller shall be unable after having used all reasonable efforts, to produce from its mines and processing facilities in the Contract Area, the full Contractual Tonnage of Concentrates provided for in this Agreement as the result of the depletion of ore reserves, either Seller or Buyer may, after providing notice to the other party, reduce the annual Contractual Tonnage of Concentrates to be purchased and sold under this Agreement to 100% of the annual quantity of Concentrates which Seller is capable of producing from such mines and processing facilities, in respect of which Seller grants the first and exclusive priority to Buyer for the production and delivery of such Concentrates produced by Seller. The party providing the above notice shall use its best efforts to provide such notice at least twenty-four (24) months in advance of the effective date of the reduction, but in no event may such notice be given less than twelve (12) months in advance of such effective reduction date. In the event that the Contractual Tonnage quantity is reduced pursuant to this Section 3.9 and Seller's capability to produce a larger quantity hereunder is thereafter restored, Seller shall notify Buyer in writing of such occurrence, and Buyer and Seller shall discuss in good faith and shall use all reasonable efforts to mutually agree on an increase of the then existing Contractual Tonnage of Concentrates to be sold hereunder. No retroactive make-up of the quantities of reduced Contractual Tonnage is implied or intended. 3.10
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Related to Reduction of Contractual Tonnage due to Reduction of Seller's Ability to Produce

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