The terms and conditions governing Refinery Companys sales of Coke to Fertilizer Company shall be set forth in the Coke Supply Agreement.
The following terms shall have the meanings set forth below, unless the context otherwise dictates, both for purposes of this Agreement and all Exhibits hereto: Agreement means this Coke Supply Agreement and the Exhibits hereto, all as the same may be amended, modified or supplemented from time to time.
The amount of coke that the Non-Defaulting Member would thereafter have the right and obligation to purchase from the Company under the Non-Defaulting Members Coke Supply Agreement would be increased by an identical amount.
The Companys remedies at law would be inadequate in the case of any material breach of the WPSC Coke Supply Agreement by WPSC or the SCL Coke Supply Agreement by SCL.
The terms and conditions governing Refinery Company's sales of Coke to Fertilizer Company shall be set forth in the Coke Supply Agreement.