Annual Volume. (a) The volume of Commercial Products projected to be purchased by CBS and HQ and delivered by Supplier during the first year of the Agreement is set out in Schedule “A”. For each Commercial Products the unit price invoiced to CBS by the Supplier during the year will be determined by the projected first year volume identified in Schedule “A”. In the event that actual CBS and HQ combined purchases in the first year move the unit price into a different price tier as identified in Schedule “A”, the unit price applicable to the actual volume purchased by CBS and HQ shall be adjusted in accordance with the unit price tier applicable to the actual volume purchased by CBS as shown in Schedule “A”. Any such adjustments, if applicable, shall be invoiced or credited by the Supplier within thirty (30) days after the anniversary date of the Agreement.
(b) For the second year of the Agreement CBS agrees to purchase, and Supplier agrees to deliver, a volume for Commercial Product that is: · For Gamunex: between [***] and [***] of the previous year’s purchase volume, unless otherwise agreed to in writing by both parties. · For Plasbumin: between [***] and [***] of the previous year’s purchase volume, unless otherwise agreed to in writing by both parties. · For HyperHep B and GamaSTAN: volumes communicated by [***]. Subject to Supplier’s agreement, provided that such agreement shall not be withheld for any amount up to the amount purchased by CBS in the prior year.
(c) For the third, fourth and fifth years of the Agreement, CBS agrees to purchase, and Supplier agrees to deliver, a volume for Commercial Product that is: · For Gamunex: between [***] and [***] of the purchase volume of years two, three and four respectively. · For Plasbumin: between [***] and [***] of the purchase volume of years two, three and four respectively. · For HyperHep B and GamaSTAN: volumes communicated by [***] of the second, third and fourth years of the agreement. Subject to Supplier’s agreement, provided that such agreement shall not be withheld for any amount up to the amount purchased by CBS in the prior year.
(d) For each Commercial Product, the unit price invoiced to CBS by the Supplier during the year will be determined by the projected combined CBS and HQ purchase volume for the year communicated to the Supplier by [***] of the preceding year. In the event that actual combined CBS and HQ purchases in any year move the unit price into a different price tier as identified in Schedule “A”, ...
Annual Volume. (a) The volume of Commercial Products to be purchased by HQ during the first year of the Agreement is set out in Schedule “A”. In the case of Commercial Product IGIV and Fractionation Product IGIV to be purchased during the first year of the Agreement, Bayer Canada shall permit HQ to deviate from this volume by plus or minus [***] with no price increase or decrease on a per unit or per gram basis. In the event that HQ purchases during the first year of the Agreement volume of a Commercial Product that is more than [***] below the amount provided for in Schedule “A”, the Parties agree that the price for that Commercial Product shall be renegotiated by HQ and Bayer Canada for that year. In the event that HQ wishes to purchase Commercial Product volume in excess of [***] above the volume provided for in Schedule “A”, Bayer Canada will provide the Commercial Product to HQ if it is available from Talecris. The price for this excess volume of Commercial Product shall be determined by HQ and Bayer Canada by market conditions at the time of such purchase.
(b) The volume purchase commitment in Schedule “A” may be revised by the written agreement of the Parties six (6) months prior to the start of each year of the Agreement. [***] 7 of 52
Annual Volume. 510750-01-1 Carriage Assy. [*] [*] [*] [*] [*] [*] 510750-01-1 Carriage Assy. [*] [*] [*] [*] [*] [*] 900380 RLS8350 [*] [*] [*] [*] [*] [*] 900550/560 XLS810160/240 [*] [*] [*] [*] [*] [*] 900600 XLS820500 [*] [*] [*] [*] [*] [*] 900620 XLS832700 Tape Library [*] [*] [*] [*] [*] [*] 900630 XLS8161100 [*] [*] [*] [*] [*] [*] 900641 XLS MEM [*] [*] [*] [*] [*] [*] 510903-05-7 Tape Drive Assy. [*] [*] [*] [*] [*] [*] 510903-06-5 Tape Drive Assy. [*] [*] [*] [*] [*] [*] 510903-08-1 Tape Drive Assy. [*] [*] [*] [*] [*] [*] 520903-12-1 XLS Tape Drive Assy. [*] [*] [*] [*] [*] [*] 520903-13-9 XLS Tape Drive Assy. [*] [*] [*] [*] [*] [*] Product component information is set forth in the following Xxxx of Materials documents furnished separately to CTS: 900385 [*] RLS 8300 510753-04-9 [*] RLS 8300 510753-06-4 [*] RLS 8300 510903-02-0 [*] All RLS 510903-01-6 [*] All RLS 510903-04-0 [*] All RLS 510903-06-0 [*] All RLS 501903-05-7 [*] All RLS 510903-08-1 [*] All RLS 510757-01-6 [*] All RLS 510550-01-5 [*] All RLS 000-0000-0 [*] All RLS 000-0000-0 [*] All RLS 000-0000-0 [*] All RLS 900405 [*] RLS 8500 510753-01-5 [*] RLS 8500 510753-03-1 [*] RLS 8500 510753-02-3 [*] RLS 8500 510753-10-6 [*] RLS 8500 510753-09-8 [*] RLS 8500 900406 [*] RLS 8500 510650-01-3 [*] RLS 8500 510790-01-7 [*] RLS 8500 900550 [*] XLS810160 900560 [*] XXX000000 521159-02-0 [*] XXX000000 520053-02-6 [*] XLS81240 521620-01-3 [*] XXX000000 520877-01-0 [*] All XLS 520877-03-6 [*] XXX000000 520877-02-8 [*] All XLS 520450-01-8 [*] All XLS 520889-02-3 [*] All XLS
Annual Volume. Under the Chip Agreement, a Chip volume is excluded from the Chip volume to be purchased by Norske based on a percentage of overall Chip production or a volume referred to as the Total Excluded Volume Cap (initially (***) BDUs) that varies with the chip recovery factor among other things. This calculation was originally put in place to permit Riverside to continue to supply chips under the three Weyerhaeuser and/or Fibreco contracts. Rather than the volumes under those contracts automatically becoming Norske volumes when they expire however, those volumes become subject to the 1992 Fibre Products Rights Agreement per Section 2.4 of that agreement. We understand that the average chip recovery factor for 2002-2004 was (***). That change from a chip recovery factor of (***) would result in the Total Excluded Volume Cap changing from (***) BDUs to (***) BDUs ((***) BDUs). We also understand that the Weyerhaeuser/Fibreco swing contract ((***) BDUs) has expired. As a result Riverside has (***) BDUs available from the excluded volume after deducting the volume under the remaining Weyerhaeuser and Fibreco contracts (***). As indicated above the (***) BDU volume is subject to the 1992 Fibre Products Rights Agreement. We confirm our mutual agreement that this volume will after July 1, 2005 be included in the volume to be purchased by Norske under the terms and conditions of the Chip Agreement through changing the Total Excluded Volume Cap under the Chip Agreement to (***) BDUs effective July 1, 2005.
Annual Volume. The annual Product volume shall be no less than: XXXX cases of bottle/can Products purchased directly from Coca-Cola per year. Should the annual volume fall below such number, Coca-Cola may terminate the Agreement
Annual Volume. ICLP commits to tendering to CSXT not less than 500 Cars of DSA in each Agreement Year (subject to proration consistent with Section 1.1(a) and 1.1(b) for any Agreement Year that is less than 12 months), and subject to adjustment as otherwise provided in this Agreement, including, without limitation, the provisions of Section 1.1b and 6.11.
Annual Volume. The Annual Volume of NOW during any Contract Year shall be equal to the Preliminary Annual Volume (as defined in Section 2.2.2 below) (a) minus the Volume Adjustment (as defined in Section 2.2.3 below), if any, exercised by Disposeco in accordance with Section 2.2.4 during such Contract Year, (b) minus the amount of NOW, if any, rejected by Xxxxxxxx Xxxxx pursuant to Section 7.5(ii).
Annual Volume. The Annual Volume for the first Contract Year shall be 1,401,000 barrels of NOW. The Annual Volume for the second Contract Year shall be no more than 1,751,000 barrels of NOW. On the first Adjustment Date, January 3, 2000, the Annual Volume for the second Contract Year shall be adjusted by dividing the adjusted Disposal Amount for the third and fourth Quarters in the second Contract Year as calculated under Section 2.2.2 by the adjusted Prevailing Rate as calculated under Section 3.2.
Annual Volume. 6.1 During the Term of this Agreement, PES will deliver an average of at least 300,000 barrels per day of Petroleum to the Terminal per Contract Year (“Minimum Volume Commitment”). The Minimum Volume Commitment shall be reduced to the extent that PES is unable to deliver Petroleum due to the inability or failure of SPMT to receive, store, handle or ** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. deliver Petroleum at the Terminal for any reason other than (i) any failure by PES to follow the nomination or other procedures set forth in the Operations Manual, (ii) lack of capacity to receive the Petroleum if PES delivers such Petroleum in excess of the available shell capacity for such specific grade of Petroleum and such lack of capacity is not due to a failure of SPMT’s equipment or tanks, or (iii) a breach of this Agreement by PES.
6.2 Marine Fuels will not be credited toward the volume commitment in Section 6.1.
Annual Volume. A. The Facility shall not accept a volume of waste materials, on a yearly basis, which is greater than: (1) permitted by law; (2) three thousand five hundred (3,500) tons per day based on an annualized average; or (3) as otherwise regulated by the NYSDEC.
B. This volume limitation does not include Beneficial Use Determination materials, yard waste, recyclables, materials for construction, or volumes of materials delivered by the Village of Fairport, Town of Perinton, Town of Macedon, or the Resident Drop-Off Center or other material not intended for disposal. Any proposed increase beyond the 3,500 tons annualized daily average allowed pursuant to WMNY's then current Part 360 Permit would be subject to the Town's review and approval. The approval of such a request would not be unreasonably withheld.
