Minimum Tonnage Sample Clauses

Minimum Tonnage. If in any Contract Year either Party reasonably considers that the tonnage of Contract Waste received by the Contractor under this Agreement will fall below:- 6.3.1 REDACTED – 4 lines 6.3.2 REDACTED – 4 lines 6.3.3 subject to the provisions of clause 6.4.3 the Contractor shall use its reasonable endeavours to source and process on reasonable terms an amount of Third Party Waste that is at least equal to the anticipated Contract Waste Shortage for that Contract Year; and 6.3.4 to the extent that the Contractor receives Third Party Waste in accordance with clause 6.4.3, any Third Party Revenue (exclusive of VAT) actually received by the Contractor in respect of Third Party Waste up to an amount equal to the Contract Waste Shortage for that Contract Year, multiplied by BP1 (as the same is defined in paragraph 2.4.1 and 3.5.1 (as the case may be) of Schedule 5 (Payment Mechanism)) shall reduce the Authority’s obligations to pay the Tonnage Based Element of the Monthly Unitary Charge pursuant to paragraph 3 of Schedule 5 (Payment Mechanism) by an amount equal to ninety per cent (90%) of such Third Party Revenue (exclusive of VAT), such reduction being calculated as part of the First Annual Reconciliation; and 6.3.5 the ten per cent (10%) of the Third Party Revenue (exclusive of VAT) retained by the Contractor shall not be taken into account in any calculation of the Third Annual Reconciliation under paragraph 10 of Schedule 5 (Payment Mechanism).

Minimum Tonnage. 4.1. The Parties acknowledge that the Project Agreement Minimum Tonnage is (figure removed from report to maintain commercial confidentiality) tonnes per annum. 4.2. The WDA agrees that without prejudice to its general duty to mitigate set out in paragraph 8.6.1 of Schedule 6 of the IAA, it shall when claiming any Compensation Payments pursuant to Clause 14.5 of the IAA, demonstrate to the relevant WCA(s) that the PPP Contractor has complied with its obligations under the Project Agreement to use reasonable endeavours to source Substitute Waste to make up for any shortfall in the Project Agreement Minimum Tonnage. 4.3. For the avoidance of doubt, in the event that the Project Agreement Minimum Tonnage is fulfilled as a result of Substitute Waste sourced by the PPP Contractor, the WCAs shall not have any liability to the WDA under Clause 14.5 of the IAA, regardless of whether Clause 14.5 would have applied were it not for the Substitute Waste.

Minimum Tonnage. The minimum tonnage of acceptable materials shall not apply until 90 days after a completion or construction of Wiley and Associates Disposal's Facilities. This provision is to allow the supplier to "ramp-up" their processing and shipment.

Minimum Tonnage. Interstate agrees that during each Fiscal Year during the Term hereof, it shall pay for the transshipment of no less than 800,000 tons of Interstate Coal (the "Minimum Interstate Tonnage") through the Facility. Unless and until this Agreement is terminated in accordance with the provisions of Article VII or Article VIII hereof, or Interstate is relieved of its obligation to pay the Operating Charge Per Ton under Section 8.2(b)(iii) hereof (but only to such extent), failure to transship all or any part of such Minimum Interstate Tonnage shall not under any circumstances relieve Interstate of the obligation to make the payments required by Article III hereof, which shall be computed and paid as if the Minimum Interstate Tonnage had been transshipped through the Facility, and the payment obligations of Interstate under Article III shall be absolute and unconditional and shall not be subject to any abatement, diminution, set-off, counterclaim, recoupment, agreement, defense, suspension, deferment, interruption, or other right which Interstate may have against OJT or any other person or entity for any reason whatsoever, including, without limitation, (a) any damage to, destruction, theft or loss of the Facility or any portion thereof, (b) any event of Force Majeure, (c) breach of any warranty of any seller or manufacturer of the Facility or the Ancillary Hardware, or any component thereof, (d) the physical failure of the Facility, the Ancillary Hardware or any component thereof due to inadequacy, condemnation, confiscation or public requisition of the Facility or the Ancillary Hardware or any portion thereof, (e) any claim as a result of business dealings between OJT and Interstate, (f) any circumstance which might give rise to a claim by Interstate of commercial frustration, or (g) any insolvency, bankruptcy, reorganization or similar proceedings by or against Interstate.

Minimum Tonnage. In partial consideration of the rights granted by Buckeye hereunder, RMI agrees to purchase from Buckeye all of its requirements for fine and coarse aggregates for use in the manufacture of ready mix concrete at the RMC Plant (the “Products”). On or before January 1 of each calendar year during the term of this Agreement, RMI shall notify Buckeye of its expected requirements for the next calendar year, including those requirements for Products for use in an RMC Plant (the “Annual Minimum Quantities”). RMI agrees that, commencing on January 1, 2009 and for each year thereafter as long as this Agreement remains in effect, the annual payment Buckeye receives (the sum total of the twelve monthly payments due and paid for each year of the Agreement) shall not be less than an amount (the “Annual Minimum Payment”) calculated on the basis of the minimum annual combined sales of fine and coarse aggregate and the price of Washed Fine and Coarse Aggregate during the year pursuant to Exhibit C. Beginning on January 1, 2010 and thereafter as long as this Agreement remains in effect, the Annual Minimum Payment shall be adjusted January 1 of each calendar year of this Agreement based on the Adjusted Price for fine and coarse aggregate determined in accordance with Exhibit C, Paragraph 2 hereof, provided, however, effective January 1, 2009, the Annual Minimum Quantities shall not be less than 100,000 tons for the first 12 months of this agreement, 150,000 tons for the second 12 months of this Agreement and 200,000 tons for each 12 months thereafter. RMI agrees that commencing on January 1, 2009 and for each month thereafter as long as this Agreement remains in effect, the Minimum Monthly Payment Buckeye receives shall not be less than an amount calculated on the basis of the Monthly Minimum Quantity (as defined herein) and the price of Washed Coarse and Fine Aggregate determined in accordance with Exhibit C, Paragraph 2 hereof. Effective January 1, 2009, the Monthly Minimum Quantity shall not be less than 6,250 tons per month for the first 12 months of this Agreement, 9,375 tons per month for the second 12 months of this Agreement, and 12,500 tons per month for each 12 months thereafter. If in any month RMI’s payment due is less than the Minimum Monthly Payment (“Monthly Overpayment”), RMI shall be given a credit (“Monthly Overpayment Credit”) equal to the amount of the Monthly Overpayment and Monthly Overpayment Credits may accumulate except that each Monthly Overpayment...