Common use of Calculation of Volume Clause in Contracts

Calculation of Volume. For purposes of calculating the volume of Product purchased by Customer (which volume is relevant for purposes of calculating the Performance Incentives and the Unfulfilled Commitment), Product shall be deemed to have been purchased on a specific date determined in accordance with the following schedule: Cash Sale Truck Shipment Date on Xxxx of Lading Cash Sale Rail Requested Date of Shipment from Customer and accepted by Supplier Index Sale Truck Shipment Date on Xxxx of Lading Index Sale Rail and Barge Requested Date of Shipment from Customer and accepted by Supplier Forward Pricing Sale All First day of the shipment month requested by Customer Negotiated Sale Truck Shipment Date on Xxxx of Lading Negotiated Sale Rail, Barge, Vessel, Bulk and Pipeline Requested Date of Shipment from Customer Notwithstanding the foregoing, (i) Product will only be deemed to have been purchased by Customer if the Product is paid for in full by Customer and (ii) in the case of orders placed for delivery by truck, Product shall be deemed to have been purchased on the first day of the shipment period requested by Customer and accepted by Supplier and not on the shipment date on the xxxx of lading in those cases where the order placed by Customer is subject to a storage fee if Customer does not take possession of the Product prior to the expiration of the shipment period.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (CF Industries Holdings, Inc.), Purchase and Sale Agreement (CF Industries Holdings, Inc.), Purchase and Sale Agreement (CF Industries Holdings, Inc.)

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