Contractual Tonnage Declarations Sample Clauses

Contractual Tonnage Declarations. The Contractual Tonnage quantity for each Contract Year shall be that certain quantity of Concentrates declared by Buyer in accordance with the provisions of this Section 3.2 which must be a quantity which is between 90% and 100% of the Annual Shipping Schedule Quantity, except that: (i) with respect to the first six months of the first Contract Year Buyer shall be obligated to purchase a quantity of Concentrates which is between 85% and 110% of the total quantity designated by Buyer for delivery during the first six months of the first Contract Year in Buyer's preliminary monthly shipping schedule under Section 6.2, (ii) with respect to the second six months of the first Contract Year Buyer shall be obligated to purchase a quantity of Concentrates which is between 90% and 110% of the total quantity designated by Buyer for delivery during the second six months of the first Contract Year in Buyer's preliminary monthly shipping schedule under Section 6.2, and (iii) with respect to the second Contract Year the Contractual Tonnage quantity must be a quantity which is between 90% and 105% of the Annual Shipping Schedule Quantity. The Annual Shipping Schedule Quantity shall be subject to adjustment as provided in Section 3.3 to take into account the Inventory Allowance which Buyer may elect to utilize. With respect to the first Contract Year, such Contractual Tonnage shall be declared by Buyer not later than 30 days prior to the beginning of the 12th month of the first Contract Year. With respect to the second Contract Year such Contractual Tonnage shall be declared by Buyer no later than 30 days prior to the beginning of the 10th month of the second Contract Year. With respect to the third Contract Year such Contractual Tonnage shall be declared by Buyer no later than the mid-point day of the third Contract Year. With respect to the fourth Contract Year and each succeeding Contract Year such Contractual Tonnage shall be declared by Buyer no later than July 1 within and for the fourth Contract Year and within and for each succeeding Contract Year. Notwithstanding anything to the contrary recited in this Agreement, the Contractual Tonnage for each Contract Year shall be modified to the extent that the provisions of Section 3.9 (Reduction of Contractual Tonnage due to Reduction in Seller's Ability to Produce), Section 7.6 (War Risk Premiums) and Articles 15 (Exemption from Liability and Obligation) and 22 (Force Majeure) become applicable.
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Related to Contractual Tonnage Declarations

  • CONTRACTUAL TERMS [Terms used herein shall be deemed to be defined as such for the purposes of the Terms and Conditions (the “Conditions”) set forth in the Prospectus dated [ ] [and the supplement[s] to it dated [ ]] which [together] constitute[s] a base prospectus for the purposes of the Prospectus 1 This date reference should not be included in Final Terms for offers concluded on or after 1 January 2018. Directive. This document constitutes the Final Terms of the Notes described herein for the purposes of Article 5.4 of the Prospectus Directive and must be read in conjunction with the Prospectus[, as supplemented]. Full information on the Issuer and the offer of the Notes is only available on the basis of the combination of these Final Terms and the Prospectus[, as supplemented]. The Prospectus [and the supplements] to it] [has / have] been published on the website xxxx://xxx.xxxxxxxxx.xx.xx/uk/about-santander-uk/investor-relations.] [Terms used herein shall be deemed to be defined as such for the purposes of the Terms and Conditions (the "Conditions") set forth in the Prospectus/[Information Memorandum] dated [ ] [and the supplement[s] to it dated [ ]] which are incorporated by reference in the Prospectus dated [ ]. This document constitutes the Final Terms of the Notes described herein for the purposes of Article 5.4 of the Prospectus Directive and must be read in conjunction with the Prospectus dated [ ] [and the supplement[s] to it dated [ ]] which [together] constitute[s] a base prospectus for the purposes of the Prospectus Directive. Full information on the Issuer and the offer of the Notes is only available on the basis of the combination of these Final Terms and the Prospectus dated [ ] [and the supplement[s] to it dated [ ]]. Copies of such Information Memoranda and Prospectus [and the supplements] to [it] [them] have been published on the website xxxx://xxx.xxxxxxxxx.xx.xx/uk/about-santander-uk/investor-relations.]

  • Contractual Rights The right to be indemnified or to receive advancement of Expenses under this Agreement (i) is a contract right based upon good and valuable consideration, pursuant to which Indemnitee may xxx, (ii) is and is intended to be retroactive and shall be available as to events occurring prior to the date of this Agreement and (iii) shall continue after any rescission or restrictive modification of this Agreement as to events occurring prior thereto.

  • Other Contractual Arrangements 8.1 Escrow Agent Not a Trustee The Escrow Agent accepts duties and responsibilities under this Agreement, and the escrow securities and any share certificates or other evidence of these securities, solely as a custodian, bailee and agent. No trust is intended to be, or is or will be, created hereby and the Escrow Agent shall owe no duties hereunder as a trustee.

  • Contractual Documents Model Performance Bond

  • EXTRA CONTRACTUAL OBLIGATIONS In the event Retrocedant or Retrocessionaire is held liable to pay any punitive, exemplary, compensatory or consequential damages because of alleged or actual bad faith or negligence related to the handling of any claim under any Reinsurance Contract or otherwise in respect of such Reinsurance Contract, the parties shall be liable for such damages in proportion to their responsibility for the conduct giving rise to the damages. Such determination shall be made by Retrocedant and Retrocessionaire, acting jointly and in good faith, and in the event the parties are unable to reach agreement as to such determination, recourse shall be had to Article XV hereof.

  • Other Contractual Rights Nothing contained in this Article shall affect any right to indemnification to which Persons other than Trustees and officers of the Trust or any subsidiary thereof may be entitled by contract or otherwise.

  • Contractual Obligations and Similar Investments From time to time, the Fund's Investments may include Investments that are not ownership interests as may be represented by certificate (whether registered or bearer), by entry in a Securities Depository or by Book-Entry Agent, registrar or similar agent for recording ownership interests in the relevant Investment. If the Fund shall at any time acquire such Investments, including without limitation deposit obligations, loan participations, repurchase agreements and derivative arrangements, the Custodian shall (a) receive and retain, to the extent the same are provided to the Custodian, confirmations or other documents evidencing the arrangement; and (b) perform on the Fund's account in accordance with the terms of the applicable arrangement, but only to the extent directed to do so by Instruction. The Custodian shall have no responsibility for agreements running to the Fund as to which it is not a party other than to retain, to the extent the same are provided to the Custodian, documents or copies of documents evidencing the arrangement and, in accordance with Instruction, to include such arrangements in reports made to the Fund.

  • Contractual Consents The Corporation and/or the Shareholders shall have given all notices to, and obtained all consents, approvals or authorizations of or from, any individual, corporation or other party which may be necessary to permit the consummation of the transactions contemplated hereby (including, without limitation, any consents required under the Contracts).

  • CONTRACTUAL AGREEMENT This Invitation for Bids shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the contract (purchase order), bid document, and response. Any and all legal actions associated with this Invitation for Bids and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida.

  • Contractual Obligations Promptly, the occurrence of any default or event of default under any Contractual Obligation of any member of the Consolidated Group which would reasonably be expected to have a Material Adverse Effect.

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