Ingot Sample Clauses

Ingot. CCB and Rexam affirm and acknowledge that soft tolling, as currently in practice between CCB (as agent for Coca-Cola Enterprises Inc. and others) and Rexam, is an integral part of the Amended and Restated Agreement and the Parties will use their best efforts to ensure that soft tolling continues, provided however, that both Parties agree to meet periodically and evaluate the metal purchasing program and address its impact on their respective commercial best interests. The parties acknowledge and agree that: (a) so long as soft tolling is in effect, the ingot price component will be as agreed to from time to time by the course of dealing by and among CCB, Rexam, and CCB’s directed metal supplier; and, to the extent such directed metal supplier dictates any future price adjustments to Rexam for any metal-related purchases made on CCB’s and/or the Bottler’s behalf, Rexam shall have the right to pass through to the Bottlers any such pricing adjustment; and (b) if soft tolling is for any reason eliminated in the provision of can bodies and ends under the Amended and Restated Agreement, the Parties will discuss a mutually agreeable price adjustment, if any, and will mutually agree on how to calculate changes in ingot pricing. The above prices are based on the 1/1/06 ingot price of [***] per pound, determined by the six-month trailing average US Transaction Price (USTP) formula which is comprised of the daily LME cash average for the period plus the daily average of the US Midwest Premium as published in Platts Metals Week, adjusted on April 1 and October 1 each year. Prices effective from April 1 - September 30 will be based on the average monthly USTP for the preceding September - February. Prices effective from October 1 - March 31 will be based on the average monthly USTP for the preceding March - August. At the inception of this Agreement, the price will be subject to an adjustment of [***] for each $.01/lb. in the USTP.
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Ingot. The parties acknowledge and agree that (a) so long as soft tolling is in effect, the ingot price component will be as agreed to from time to time by the course of dealing by and among Buyer, Rexam, and Buyer’s directed metal supplier; and, to the extent such directed metal supplier dictates any future price increases to Rexam for any metal-related purchases made on Buyer’s behalf, Rexam shall have the right to pass through to Buyer any such pricing increase; and (b) if soft tolling is for any reason eliminated in the provision of can bodies and ends under the Agreement, the parties will discuss a mutually agreeable price adjustment, if any, and will mutually agree on how to calculate changes in ingot pricing.

Related to Ingot

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