Deliveries Prior to COD. Prior to the Commercial Operation Date, Supplier shall supply and deliver to Fulcrum, and Fulcrum shall accept, at the Delivery Point, such amounts of Feedstock on a daily basis (up to the Maximum Deliverable Quantity each week) as are from time to time requested by Fulcrum by written notice to Supplier no less than five (5) Days prior to each date of requested delivery. The supply, delivery and acceptance of Feedstock prior to COD shall be on all of the terms and conditions of this Agreement, except Section 2.2(a) and Section 2.2(b).
Deliveries Prior to COD. Prior to the Commercial Operation Date, WCC shall use commercially reasonable efforts to supply, or direct the supply of, Feedstock up to the Maximum Deliverable Quantity per Day to Fulcrum’s Facility, in such quantities as are from time to time requested by Fulcrum by written notice to WCC given in accordance with the Scheduling Protocol. The Parties agree that WCC shall have fulfilled its obligations under this Section 2.1 if WCC uses good faith efforts to cause its haulers to deliver to Fulcrum’s Facility the quantity of Feedstock requested by Fulcrum hereunder. The details relating to WCC’s supply of Feedstock prior to the Commercial Operation Date shall be set forth in the Scheduling Protocol, including (i) Fulcrum’s waiver of the Fee in connection with the delivery of Feedstock prior to the Commercial Operation Date, (ii) WCC’s obligation to keep in place all hauling contracts and be responsible for all of its haulers’ costs (up to the Fee) associated with the loading, transportation and unloading of Feedstock that would have otherwise been incurred if such delivery occurred after the Commercial Operation Date, and (iii) Fulcrum’s reimbursement of WCC’s costs in excess of such Fee.
