Examples of Minimum Annual Contract Quantity in a sentence
In addition, if during any year Buyer’s Demand Forecast shows purchases of Renewable Isooctane within the next ninety (90) Days that would result in Buyer exceeding the applicable Minimum Annual Contract Quantity (the “Reserved Amount”), then the exclusivity contemplated by this Section 3.6 shall continue to apply to the Reserved Amount up to the Maximum Annual Contract Quantity (at which point there shall no longer be any exclusivity).
The Minimum Annual Contract Quantity shall be adjusted dependent upon which of the Production Facilities is operational and for how long such facility(ies) have been operating, as set forth below, with the annual measurement period being reset upon each such adjustment.
For clarification and not in limitation of the foregoing, the obligation of Buyer to purchase the Minimum Annual Contract Quantity of Renewable Isooctane hereunder during the Delivery Term is a “take or pay” obligation and fully binding upon and enforceable against Buyer throughout the Delivery Term, all as more further described in Section 3.3, subject, however, to Section 3.11, if applicable.
Upon completion of the audit, the accounting firm will provide both the Audited Party and the Requesting Party a written report disclosing any discrepancies in the reports submitted by the Audited Party or, as applicable, the amounts payable under this Agreement, and in each case, the specific details concerning any discrepancies.
In Delivery Years sixteen (16) through twenty (20) Seller shall deliver the Tier One Minimum Annual Contract Quantity and Tier Two Minimum Annual Contract Quantity of energy and associated Environmental Attributes to Buyer prior to making any election, as provided above in this subsection, to apply any portion of any excess quantities towards Seller's obligation to deliver the Tier One Minimum Annual Contract Quantity to Buyer in the immediately succeeding Delivery Year.
Buyer agrees to purchase and receive, or cause to be received, and Seller agrees to sell and deliver, no less than the Minimum Annual Contract Quantity at the Delivery Point at the price set forth herein.
Xxxxxx, Xxairman of the Board Definitions Additional Costs and Expenses means all additional direct and indirect costs and expenses incurred by Sterling as a result of the failure by BP to take the Minimum Annual Contract Quantity in any Contract Year or during the one- year period following a termination date, including increased costs of production of Product, increased incremental costs incurred in the operation of the Facility and increased raw materials usages, utilities and other costs and expenses.
Seller shall use commercially reasonable efforts to cause the Minimum Annual Contract Quantity to be delivered from the largest Production Facility in operation.
Buyer acknowledges and agrees that (i) prior to the Delivery Commencement Date, Seller shall have the right to sell energy, capacity and associated Environmental Attributes generated by the Project to any third party and (ii) during any Delivery Year during the Delivery Term, Seller shall have the right to sell energy, capacity and associated Environmental Attributes generated by the Project in excess of the Minimum Annual Contract Quantity to any third party.
Upon compliance with the foregoing, each Additional Buyer shall be considered a “Buyer” for all purposes hereunder, and purchases of Renewable Isooctane by an Additional Buyer shall be included in the calculation of all requirements hereunder pertaining to the Minimum Annual Contract Quantity, the Maximum Annual Contract Quantity and the Price for Renewable Isooctane.