Common use of Xxxxx Minimum Purchase Requirement Clause in Contracts

Xxxxx Minimum Purchase Requirement. During the Term, Xxxxx shall be required to take and, in accordance with Section 3.1, pay for a minimum aggregate of 300,000 tons of Product during the Initial Period and 500,000 tons of Product per Contract Year for the Secondary Period and for the Final Period (the “Minimum Purchase Requirement”); provided, however, that if, due solely to Force Majeure or the unavailability of rail cars in the market, Xxxxx is unable to take delivery of Products as contemplated hereunder for a period of time during a Contract Year, Xxxxx shall not be deemed to be in breach of this Agreement as a result of such failure so long as Xxxxx is using commercially reasonable efforts to obtain rail cars and minimize the period of time during which Xxxxx is unable to take delivery of Products; provided, further, however, that nothing in this sentence shall be construed to relieve Xxxxx of its obligations to make payments under this Agreement (including the obligation to make any Makewhole Payments as contemplated in Section 2.6).

Xxxxx Minimum Purchase Requirement. During the Term, Xxxxx shall be required to take and, in accordance with Section 3.1, pay for a minimum aggregate number of 300,000 tons of Product during the Initial Period and 500,000 tons of Product per (a) each Contract Year for equal to the Secondary Period Minimum Annual Purchase Requirement and for (b) each calendar month equal to the Final Period Monthly Minimum Supply Requirement, in all cases in compliance with Sections 2.1(a) and (the “Minimum Purchase Requirement”c); provided, however, that if, due solely to Force Majeure or the unavailability of rail cars in the market, Xxxxx is unable to take delivery of Products as contemplated hereunder for a period of time during a Contract Year, Xxxxx shall not be deemed to be in breach of this Agreement as a result of such failure so long as Xxxxx is using commercially reasonable best efforts to obtain rail cars and minimize the period of time during which Xxxxx is unable to take delivery of Products; provided, further, however, that nothing in this sentence shall be construed to relieve Xxxxx of its obligations to make payments under this Agreement (including the obligation to make any Makewhole Payments as contemplated in Section 2.62.5).