Demonstrated Capacity. (a) Each invoice submitted by Seller to Buyer pursuant to Section 4.2 shall include a statement, in a form substantially similar to Exhibit C, of the amount of the Qualifying Capacity for each type of Product for such Showing Month that Seller was capable of delivering (“Demonstrated Capacity”), utilizing the results from one of the following methods, as provided below (subject to the additional restrictions set forth in Section 1.6(b)):
Demonstrated Capacity. (a) Each invoice submitted by Seller to Buyer pursuant to Section 4.2 shall include a statement, in a form substantially similar to Exhibit C, of the amount of the Monthly Quantity for such Showing Month that Seller was capable of delivering (“Demonstrated Capacity”), including, at Seller’s election in its sole discretion either:
Demonstrated Capacity. (a) Each invoice submitted by Seller to Buyer pursuant to Section 4.2 shall include a statement, in a form substantially similar to Exhibit C, of the amount of the Qualifying Capacity for each type of Product for such Showing Month that Seller delivered (“Demonstrated Capacity”), utilizing the results from one of the following methods, as provided below (subject to the additional restrictions set forth in Section 1.6(b)). Any invoice submitted to Buyer that fails to comply with the requirements in this Section 1.6(a), including the utilization of one of the prescribed methods for the calculation of Demonstrated Capacity, shall be deemed null and void in its entirety and Buyer shall not be required to make any payment thereunder.
