Common use of Excess Volume Price Clause in Contracts

Excess Volume Price. It is the intent of this provision that the Parties will negotiate in good faith, acting commercially reasonably, on the purchase price of any Products in excess of the Annual Committed Volume. Should the Parties fail to agree, the price for any volume of a given Product Group purchased by Buyer for the relevant Contract Year in excess of [*.*]% of the Annual Committed Volume for that Product Group will be reconciled at the end of each Contract Year using the prices set out in Schedule E, and the excess amount will be billed to Buyer and due in accordance with the Payment Terms upon invoice.

Appears in 3 contracts

Samples: License Agreement, Trademark License Agreement (CST Brands, Inc.), Trademark License Agreement (CST Brands, Inc.)

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Excess Volume Price. It is the intent of this provision that the Parties will negotiate in good faith, acting commercially reasonably, on the purchase price of any Products in excess of the Annual Committed Volume. Should the Parties fail to agree, the price for any volume of a given Product Group purchased by Buyer for the relevant Contract Year in excess of [*.*]% .*] of the Annual Committed Volume for that Product Group will be reconciled at the end of each Contract Year using the prices set out in Schedule E, and the excess amount will be billed to Buyer and due in accordance with the Payment Terms upon invoice.

Appears in 1 contract

Samples: Trademark License Agreement (CST Brands, Inc.)

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