Additional Volume. Customer will pay the Auction Price for each Barrel of Product in excess of the Load Volume that Customer has in the System and loads onto Customer’s Vessel, provided that any such additional Barrels will be loaded only at Magellan’s discretion based on available capacity.
Additional Volume. During the first through fourth calendar year of the term of this Agreement, the Seller shall have the right to sell an additional annual volume of up to one million boxes of First Class Fruit from Turbo and/or Santa Xxxxx and the Buyer shall be obligated to purchase such Additional Volume, subject to the following conditions and at the prices agreed upon below.
Additional Volume. Effective September 1, 2011, and applying prospectively thereafter, Estimated Production for the East Plants shall be increased above the current Estimated Production of 8,700 Barrels per Day (as reflected in Section 3 of this Amendment) (the “East Plants Base Estimated Production”), based on and subject to the following terms and conditions:
Additional Volume. During the Delivery Period, PMI shall take commercially reasonable steps to increase its shipments through the U.S. Pipeline up to 16,000 BPD if it (x) has demand from Mexican buyers for imports of LPG from the U.S. to the State of Chihuahua and (y) is able to acquire LPG for delivery through the U.S. Pipeline to the Mendez Terminal at a delivered price no less favorable than would be xxxxxxble through alternative methods of delivery to the Mendez Terminal.
Additional Volume. The BUYER will notify the SELLER before acquiring Colombian bananas from any other producer or marketer. This obligation implies consulting with the SELLER regarding its willingness to sell a certain volume of bananas on an indicated week or weeks in which the BUYER needs such volume and offer the price at which it is willing to do so. Once the consultation has been communicated by the BUYER, the SELLER must respond promptly and never more than in two weeks, except for “spot” purchases when the time limit is one week. The lack of a timely response will be interpreted as a refusal to participate in the deal being proposed. The parties agreed that an affirmative response by the SELLER obligates the BUYER. Other forms of purchase different from the simple purchase of bananas, such as swaps, deals linked to the acquisition of bananas or other fruits with multiple origins, fruit purchases linked to maritime freights with specific destinations and purchase of companies are exempted from this obligation to inform.
Additional Volume. Effective October 1, 2010, and applying prospectively thereafter, Estimated Production shall be increased above the current effective total Estimated Production of [***] Barrels per Day for the West Plants and East Plants, in the aggregate (the “Base Estimated Production”), based on and subject to the following terms and conditions:
Additional Volume. Pursuant to the terms of this Agreement, and in acknowledgement of the exclusivity defined hereabove in Article 2, AXCAN shall use commercially reasonable efforts to help qualify INFAR for the supply of mesalamine USP/EP (as applicable) for AXCAN’s 500 mg mesalamine tablets products in Canada, taking into consideration that such qualification excludes clinical trials. AXCAN shall act in good faith and use commercially reasonable efforts to collaborate with INFAR for this qualification, including for engineering trials, validation batches, stability studies on the finished product, analytical testing and preparation of filing to Health Canada. INFAR shall timely provide all reasonably required efforts, documentation and support with respect thereof and, without limitation, shall allow and participate in any required audit. Should INFAR become duly qualified as a supplier of mesalamine USP I EP in Canada for AXCAN’s 500 mg mesalamine tablets products, in acknowledgement of the exclusivity defined above in Article 2 and INFAR’s efforts, [*].
