Common use of Consumed by Related Party Clause in Contracts

Consumed by Related Party. If Raw Product or Intermediate Product is distributed to a Related Party in any transaction that is not covered by Section 1(kk)(i) above, such as in the case where the Related Party consumes such Raw Product or Intermediate Product in its own operations, then in such event revenues shall be deemed to be received by AEM with respect to such Raw Product or Intermediate Product in an amount equal to the fair market value price that would otherwise be received from a third party in an arm’s length transaction for the sale of such Raw Product or Intermediate Product. Such fair market value shall be reasonably determined by AEM on the basis of world terms from any refineries, mints and/or custom smelters to which such Raw Product or Intermediate Product would otherwise be shipped and processed, for like kind, quantity, quality and grade of such Raw Product or Intermediate Product, on an annual basis.

Consumed by Related Party. If Raw Product or Intermediate Product is distributed to a Related Party in any transaction that is not covered by Section 1(kk)(i1(jj)(i) above, such as in the case where the Related Party consumes such Raw Product or Intermediate Product in its own operations, then in such event revenues shall be deemed to be received by AEM with respect to such Raw Product or Intermediate Product in an amount equal to the fair market value price that would otherwise be received from a third party in an arm’s length transaction for the sale of such Raw Product or Intermediate Product. Such fair market value shall be reasonably determined by AEM on the basis of world terms from any refineries, mints and/or custom smelters to which such Raw Product or Intermediate Product would otherwise be shipped and processed, for like kind, quantity, quality and grade of such Raw Product or Intermediate Product, on an annual basis.

Consumed by Related Party. If Raw Product or Intermediate Product is distributed to a Related Party in any transaction that is not covered by Section 1(kk)(i1(jj)(i) above, such as in the case where the Related Party consumes such Raw Product or Intermediate Product in its own operations, then in such event revenues shall be deemed to be received by AEM with respect to such Raw Product or Intermediate Product in an amount equal to the fair market value price that would otherwise be received from a third party in an arm’s length transaction for the sale of such Raw Product or Intermediate Product. Such fair market value shall be reasonably determined by AEM on the basis of world terms from any refineries, mints and/or custom smelters to which such Raw Product or Intermediate Product would otherwise be shipped and processed, for like kind, quantity, quality and grade of such Raw Product or Intermediate Product, on an annual basis.