Common use of Subsequent Negotiations Clause in Contracts

Subsequent Negotiations. In the event Buyer and Seller determine or reach agreement on the smelting and refining charges for the Part A Tonnage in accordance with Section 9.1(i) as a result of negotiations, as a result of the acceptance of the smelting and refining charges contained in a third party offer(s) or with the referee resolving the differences between two (2) third party offers or sets of offers, then on or before March 31, 2003 and on or before March 31 of each fifth year thereafter, Buyer and Seller shall comply with the procedures set forth in Section 9.1 (i) including but not limited to the obligations associated with the right of each party to submit a third party offer(s) in order to determine the smelting and refining charges which will be applicable to the Part A Tonnage for the five (5) Contract Years commencing on January 1, 2004 with respect to the first such settlement under this Section 9.1(ii), and with the same timing to apply to each subsequent five (5) Contract Years, mutatis mutandis. If as a result of the compliance by Buyer and Seller with the procedures provided for in the immediately preceding paragraph of this Section 9.1(ii): (i) Buyer and Seller mutually agree on the smelting and refining charges which shall be applicable for the ensuing five (5) Contract Years, (ii) Buyer or Seller agrees to the smelting and refining charges for such period contained in a third party offer(s) submitted to it by the other party hereto, or (iii) the referee resolves the differences between two (2) offers or sets of offers, all in the manner provided in Section 9.1(i), then upon the occurrence of any of such events the smelting and refining charges as so determined shall be applicable to all Part A Tonnage for the ensuing five