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.
2.2.5.1. The Seller shall notify the Buyer, in writing, no later than November 15 of the immediately preceding year, of its desire to exercise its right to sell the Additional Volume. In such notification, the Seller shall establish the quantity of the Additional Volume it wishes to sell to the Buyer, up to the limit of one million boxes established above.
2.2.5.2. The Seller shall have the right to sell up to five hundred thousand additional boxes of First Class Fruit during the first semester of each year (from January first to June thirtieth), allocated in equal amounts between the first and second trimesters of the calendar year, and the Buyer shall be obligated to purchase such additional volume. These additional volumes must be reflected in the Thirteen Week Estimates, which shall contain a clear identification of the additional volumes the Seller expects to deliver weekly.
2.2.5.3. During the second semester of the year (from July first to December thirty-first), the Seller shall have the right to sell an Additional Volume of First Class Fruit equivalent to the volume effectively delivered and sold during the first semester of the year, and the Buyer shall be obligated to purchase such Additional Volume. In such second semester, the Seller shall have the right to spread out such volume in such a form that during the third trimester of the calendar year it supplies and sells up to forty percent of the Additional Volume to which it has a right to deliver in the second semester and during the fourth trimester up to the remaining sixty percent of the Additional Volume to which it has a right to deliver during the second semester of such year.
2.2.5.4. The Additional Volumes of Fruit shall not be subject to the conditions of Special Force Majeure agreed upon for the Basic Volume.
2.2.5.5. The Buyer shall inform the Seller before acquiring Colombian origin bananas from any other producer or marketer. This obligation consists in consulting with the Seller regarding its availability to sell a determined banana volume indicating the week or weeks in which the Buyer requires such volume and offer the ...
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:
A. Effective October 1, 2010 until December 31, 2010, the volume of NGLs tendered by Customer from the East Plants will be increased by [***] Barrels per Day (the “First Additional Volume”), which will increase Estimated Production for the East Plants and West Plants, in the aggregate, from [***] Barrels Per Day to [***] Barrels. Effective January 1, 2011, and applying prospectively thereafter, the volume of NGLs tendered by Customer from the East Plants will be increased by an additional [***] Barrels per day (the “Second Additional Volume”) , which will increase Estimated Production for the East Plants and West Plants, in the aggregate, from [***] Barrels per Day to [***] Barrels per Day. The First Additional Volume together with the Second Additional Volume shall hereinafter be collectively referred to as the “Additional Volume”.
B. For each Gallon of Additional Volume delivered to Processor, Customer shall pay Processor a Base Exchange Differential of (i) [***] per Gallon for ethane, and (ii) [***] per Gallon for Propane Plus, each as adjusted pursuant to Subsection 3.6.B of the Agreement. Such Base Exchange Differential (as adjusted) shall be charged Customer by Processor upon receipt of the Additional Volume at the Delivery Points.
C. If at the end of any delivery Month, Customer failed to deliver to Processor [***] of the then applicable Additional Volume (the “Take or Pay Amount”), Customer shall be obligated to pay to Processor [***] per Gallon (the “Take or Pay Fee”) for each Gallon of the Additional Volume Customer did not deliver up to the Take or Pay Amount (excluding such portion of the then applicable Additional Volume that is allocable to Days during such delivery Month that (i) Processor was unable to receive NGLs at any of the Delivery Points, or (ii) Customer, for reasons of Force Majeure, was unable to deliver NGLs to any of the Delivery Points). The Take or Pay Fee shall be adjusted pursuant to Subsection 3.6.B.(iii) of the Agreement.
D. Processor’s right to reduce Estimated Production under Section 3.2.B of the Agreement (as reflected in the First Amendment) shall only apply to the Base Estimated Productio...
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. 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, [*].
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.
