Actual Quantity Less Clause Samples

Actual Quantity Less than 80% of Commitment of Volume. Where the actual quantity is less than 80% of the Commitment of Volume quantity, the Company shall make reasonable efforts to make up for the shortfall with GAC from another reactivation customer. If the Company is successful in making up for the shortfall with GAC from another customer or fails to make reasonable efforts to make up for the shortfall, the City shall have no payment responsibility to the Company with respect to the fact that the actual quantity is less than 80% of the Commitment of Volume quantity. If, however, the Company demonstrates to the reasonable satisfaction of the City that it has made reasonable efforts to make up for the shortfall but has not been successful in making up for the shortfall, the Company reserves the right to charge the City at the Local Service Price for the amount of the shortfall in GAC quantity below 80% of the Commitment of Volume quantity, as reduced by the extent to which the Company is able to make up for the shortfall pursuant to the terms and conditions of this subsection. Service Contract for the Supply, Placement, Removal and Thermal Reactivation of Granular Activated Carbon Article V – Performance of the GAC Services