Underlifting. In addition to any other rights that Seller may have under this Agreement as a result of Buyer’s failure to purchase Products within the Volume Range, if Buyer fails to purchase at least [*.*]% of the Annual Committed Volume during any Contract Year, then Seller may, at its sole option, effective upon 15 days’ prior written notice to Buyer, permanently reduce the Monthly Contract Volume for any one or more Products and/or Delivery Locations to more accurately reflect the actual volumes being purchased by Buyer. If, and to the extent that Seller exercises this right, the Annual Committed Volume for the affected Product Groups will be adjusted accordingly, as will the Home Heat Distillate Volume Allocation, if necessary.
Appears in 3 contracts
Sources: Petroleum Products Supply Agreement, Petroleum Products Supply Agreement (CST Brands, Inc.), Petroleum Products Supply Agreement (CST Brands, Inc.)