Additional Quantity. In addition to the Baseload Quantity volumes and Make-Up Gas, Seller may have Additional Quantities, if any, available from time to time for purchase. Seller shall make available to Purchaser on the same terms and conditions as any third party any Additional Quantity offered by Seller to any third party. Once made available by the Seller in a written notice to Purchaser and, if accepted by Purchaser in a written notice to Seller confirming Purchaser’s acceptance thereof, the Additional Quantity shall become Baseload Gas and it shall be a Firm obligation of Seller to deliver the Additional Quantity and a Firm obligation of Purchaser to purchase and receive the Additional Quantity. Any portion of the Additional Quantity that is not confirmed in accordance with the foregoing, shall be delivered on an Interruptible, as-available basis at the request of Purchaser and ability of Seller.
Additional Quantity. MannKind may submit a written request to AFP for quantities of Product in addition to the quantities set forth in § 6.1 of this Agreement. AFP will use commercially reasonable efforts to attempt to supply such additional quantities. AFP will respond in writing, within thirty (30) days, whether it can meet the additional quantities of Product. Upon agreement between AFP and MannKind of a specific quantity and delivery time, MannKind will submit a Purchase Order for such additional quantities of Product in accordance with the terms of § 3.3. The Parties shall negotiate in good faith the pricing for such additional quantities in no event shall the pricing be more than the amount as set forth in § 6.1.
Additional Quantity. (a) In addition to the Base Quantity and subject to the conditions set forth in Section 3.2(b) hereof, on or before 31 July 2011, VMSC may elect to purchase from Mission up to an additional sixty million gallons per annum of either JME or CJO or both (provided the quantity of JME and CJO does not exceed 60 million gallons per annum in the aggregate) (collectively the “Additional Quantity”) by providing written notice to Mission of its election along with the desired quantities to be purchased. The purchase of Additional Quantity shall be on the same terms and conditions as specified in Section 3.1(a) above with delivery to commence 31 July 2012. As soon as reasonably possible following VMSC’s election but in no event later than 30 days, Mission shall send VMSC a written acknowledgement memorializing the terms of the sale for the Additional Quantity. After an election is made, the Additional Quantity may be adjusted upon mutual agreement of the Parties.
Additional Quantity. Buyer has the option to purchase one (1) additional cargo in Q3 2011 and one (1) additional cargo in Q4 2011 (each cargo totaling 70,000 MT +/- 10%) (the “Additional Quantity”) on a price to be agreed between the Parties. Such option to purchase both Q3 2011 and Q4 2011 cargoes must be exercised by Buyer not later than 15th April 2011, and the Parties will enter into a separate Purchase Order with regard to the purchase of the Additional Quantity. Delivery Point: FOB Vessel at IC Rail Marine Terminal (“ICRMT’) basis 20,000 MT/day load rate SHINC, 12 hours turn time. In the event that the guaranteed load rate changes the Base Price shall be adjusted in accordance with the following table: Guaranteed Load Rate $/MT 15,000 MT/day [* ] 20,000 MT/day [* ] 25,000 MT/day [* ] 30,000 MT/day [* ] 35,000 MT/day [* ] Seller shall also have the right to deliver FOB Vessel at the United Bulk Terminal (“UBT”) in Davant, LA. In the event that Seller delivers at UBT the Base Price shall be adjusted in accordance with the table below. Guaranteed Load Rate $/MT 15,000 MT/day [* ] 20,000 MT/day [* ] 25,000 MT/day [* ] 30,000 MT/day [* ] 35,000 MT/day [* ] In the event that the guaranteed load rate changes at either terminal to a number other than those listed above the Base Price will be linearly adjusted between the two closest load rates.
Additional Quantity. Shipper shall also have the right to have redelivered by Transporter hereunder, an Additional Quantity of Carbon Dioxide in excess of the then effective Daily Transport Quantity, which shall be deemed "Additional Quantity", at maximum rates not to exceed twenty percent (20%) of Shipper's then current Daily Transport Quantity for the applicable contract year. Before or within ninety (90) days after the Primary Term of this Agreement, Shipper may elect to extend Shipper's rights to transport any remaining quantities of Additional Quantities on the Odessa Lateral for Xxxxxxxx' Injection Project at the South Xxxxxx Unit only. If Shipper makes such election, such Additional Quantity's maximum daily rates shall not exceed four thousand (4,000) Mcf per Day and the obligation to transport such remaining Additional Quantities shall continue only for a period of time not to exceed three (3) years after expiration of the Primary Term of this Agreement. Any Additional Quantities not requested within 90 days after expiration of the Primary Term of this Agreement will be deemed released from any quantities that the Transporter may be responsible for as described herein. In the event Shipper elects to extend its transportation rights herein beyond the Primary Term of this agreement to transport remaining Additional Quantities, Shipper agrees to increase the Transportation Rate, if required, to allow Transporter to break even on a cash flow basis. Transporter agrees to provide Shipper with all applicable information to determine the applicable rate which will allow Transporter to operate the lateral on a break even cash flow basis.
Additional Quantity. [ *** ], Organon may, at its discretion, submit a binding offer to MannKind for any Additional Quantity of Product it would be willing to supply to MannKind [ *** ] in addition to the corresponding Fixed Annual Quantities. MannKind has the right to accept such binding offer within thirty (30) days of its receipt thereof by submitting a Purchase Order in accordance with § 4.3, after which period the offer is no longer binding upon Organon.
Additional Quantity. Seller, in its sole discretion, may offer more than 11,000 tons of coal per month that meets the quality specifications set forth on Exhibit A. If additional coal is offered by Seller, Buyer shall have the option to purchase all, or a portion of, such additional coal at the pricing, terms and conditions set forth in this Agreement. Seller shall provide reasonable prior written notice of any such additional coal that Seller may have available for sale to Buyer. Within three (3) business days from Buyer's receipt of Seller's notice offering additional coal, Buyer shall provide written notice of its acceptance or rejection of any additional coal offered by Seller. Buyer's failure to respond within three (3) business days from Buyer's receipt of Seller's notice shall be deemed a rejection of any additional coal.
Additional Quantity. At any time Organon may, at its discretion, submit a binding offer to Biodel for any Additional Quantity of Product it would be willing to supply to Biodel in addition to the Fixed Quarterly Quantities. Biodel has the right to accept such binding offer within [**] of its receipt thereof by submitting a Purchase Order in accordance with § 4.3, after which period the offer is no longer binding upon Organon.
