Buyer's Purchase Obligation. Buyer shall Schedule, or cause to be Scheduled, at the Delivery Point(s) on a firm basis each Gas Day a quantity of Gas equal to the DCQ; provided, (i) if the MinMQ is applicable to a Transaction, Buyer shall Schedule, or cause to be Scheduled, at the Delivery Point(s) on a firm basis each Month a minimum quantity of Gas equal to the MinMQ and (ii) if the MinDQ is applicable to a Transaction, Buyer shall Schedule, or cause to be Scheduled, at the Delivery Point(s) on a firm basis each Day a minimum quantity of Gas equal to the MinDQ.
Buyer's Purchase Obligation. 5.7.1 During any Contract Year, Buyer shall take and pay for the Scheduled Cargo Quantity with respect to each cargo scheduled in the ADP for such Contract Year, less:
Buyer's Purchase Obligation. Buyer shall Schedule, or cause to be Scheduled, at the Delivery Point(s) on a firm basis each Gas Day a quantity of Gas equal to the DCQ; provided, if the MinDQ is applicable to a Transaction, Buyer shall Schedule, or cause to be Scheduled, at the Delivery Point(s) on a firm basis each Gas Day a minimum quantity of Gas equal to the MinDQ.
Buyer's Purchase Obligation. Buyer shall purchase and receive at the Delivery Point(s), on a firm basis each Day during the Period of Delivery in a Transaction, a minimum quantity of Gas equal to the DCQ; provided, if a MinPQ is applicable to a Transaction, Buyer shall purchase and receive at the Delivery Point(s), on a firm basis, each Month during the Period of Delivery in a Transaction, a minimum quantity of Gas equal to the MinPQ, in each case, so long as such quantity of Gas has been delivered by Seller.
Buyer's Purchase Obligation. Except as otherwise specifically required by the terms of an Order or written agreement of the parties, Buyer shall have no obligation to request quotations or place Orders with Seller, both of which will be in Buyer’s sole discretion. Buyer acting in its sole discretion will determine the actual quantity of goods and services to be purchased. The quantity of Goods or Services, if any, specified in forecasts supplied by Buyer from time to time, or otherwise is an estimate only and shall not be deemed an obligation to purchase any Goods or Services. Seller bears sole responsibility for managing Seller’s raw material, work in process, and inventory, and Xxxxx will have no liability with respect thereto (whether upon termination of an Order or otherwise), other than as agreed to in writing by the parties.
Buyer's Purchase Obligation. Subject only to the terms and conditions of this Agreement, Buyer shall Schedule, or cause to be Scheduled, at the Delivery Point(s), on a firm basis each Month during the term of a Transaction, a minimum quantity of Gas equal to the MinPQ.
Buyer's Purchase Obligation. Subject to the terms and conditions of this Agreement, Buyer shall be obligated each Month to take delivery of and pay for, or pay for if not taken, the lesser of i) fifty percent (50%) of the Helium produced by the Plant (reduced by two percent Tolling losses) each Month during the Term, as Liquid Helium, or ii) one hundred five percent (105%) of the quantity of Liquid Helium forecasted to be available for delivery to Buyer during that Month in Buyer’s latest 3 Month Forecast (“Buyer’s Monthly Purchase Obligation”).
Buyer's Purchase Obligation. Subject to the terms and conditions of this Agreement, Buyer shall be obligated each Month to take delivery of and pay for, or pay for if not taken, the lesser of i) fifty percent (50%) of the Helium produced by the Plant (reduced by two percent Tolling losses) each Month during the Term, as Liquid Helium, or ii) one hundred five percent (105%) of the quantity of Liquid Helium forecasted to be available for delivery to Buyer during that Month in Buyer’s latest 3 Month Forecast (“Buyer’s Monthly Purchase Obligation”). 3.4 BUYER’S TAKE OR PAY OBLIGATION Seller and Buyer recognize that the actual percentage of the Plant’s capacity delivered to Buyer during each Month will not be exactly fifty percent (50%), adjusted for losses, due to the need to deliver full Containers to Buyer, the variable net payload of individual Container deliveries and the fact that the Third-Party Xxxxxx will not be obligated to fill a Container for Buyer until Seller has delivered 1,000,000 SCF of Gaseous Helium to the Tolling Facility. Seller and Buyer will use commercially reasonable efforts to minimize deviations from Buyer’s Monthly Purchase Obligation during each Month and Contract Year to date, and may offset deficits or overages in a Month by delivering quantities above or below Buyer’s Monthly Purchase Obligation in subsequent Months during the remainder of that Contract Year. Buyer’s Take or Pay Obligation for each Contract Year shall be the sum of Buyer’s Monthly Purchase Obligations for each Month of that Contract Year. Seller shall determine whether Buyer is obligated to make payments due to Buyer’s failure to fulfill its Take or Pay Obligation at the end of each Contract Year (i.e. Buyer purchased less Product in such Contract Year than the sum of Buyer’s Monthly Purchase Obligations for each Month in such Contract Year), but no penalties shall apply unless i) deliveries to Buyer have fallen short of the sum of Buyer’s Monthly Purchase Obligation for a Contract Year by at least five percent (5%) through no fault of the Seller, and ii) Seller has been forced to either vent Gaseous Helium or sell the Helium not purchased by Buyer for prices
Buyer's Purchase Obligation. 5.6.1. Except with respect to any Accepted Make-Up Quantity described in Section 5.10 and any Accepted Excess Quantity described in Section 5.13, during any Commercial Operations Period, Buyer shall take delivery from Seller of and pay for in accordance with Exhibit A (Pricing), or pay for if not taken in accordance with Exhibit A (Pricing), the quantity of LNG (in MMBtus) equal to (x) during any Contract Year, the AACQ and any Accepted Make-Good Quantity; and (y) during the Restoration Period, any FM Restoration Quantity, Accepted Make-Good Quantity and Accepted DoP Quantity, as applicable, in each case as scheduled in the ADP, less:
Buyer's Purchase Obligation. Subject only to the terms and conditions of this Agreement, Buyer shall Schedule at the Delivery Point(s), on a firm basis each Day during the term of this Agreement, a quantity of Gas equal to the DCQ, being the greater of the MinDQ or the volume nominated by Buyer to Seller not later than five (5) Days prior to the beginning of the Month. The MinDQ shall be equal to 9,000 MMBtu each Day during the term of this Agreement. The MaxDQ shall be equal to 20,000 MMBtu per day for the term of this Agreement and neither Buyer nor Seller shall be obligated to nominate or Schedule any volumes in excess of the MaxDQ.”
