Common use of Invoices; Payment Clause in Contracts

Invoices; Payment. (a) On a schedule that is mutually agreeable to the Parties, Customer shall provide Supplier with a binding purchase order specifying (A) the amount of Ottawa Product and 100-M Product ordered and (B) the time(s) and date(s) during the Week following the date on which the purchase order was submitted that Customer will pick up the Product at the Supplier’s Facility. Purchase orders may be submitted electronically or in hard copy, or in such other manner as may be mutually acceptable to Customer and Supplier. The purchase orders for Ottawa Product submitted by Customer (i) during the Kosse Product Supply Period and during the Transition Period, are anticipated to be in ratio of 1:3 of mesh sizes 20/40 and 30/70, and (ii) during the Wisconsin Product Supply Period, are anticipated to be in ratios of 1:1:1 of mesh sizes 20/40, 30/50 and 40/70, respectively; provided, however, that the Parties acknowledge and agree that the ratios of mesh sizes of Ottawa Product delivered to Customer in all cases during the Kosse Product Supply Period, the Transition Period and the Wisconsin Product Supply Period shall ultimately be determined by the Supplier’s current mine feed and inventory availability of Ottawa Product.

Appears in 3 contracts

Samples: Sand Supply Agreement, Sand Supply Agreement (Emerge Energy Services LP), Sand Supply Agreement (Emerge Energy Services LP)

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Invoices; Payment. (a) 4.1 Customer will purchase Product on open account by submitting purchase orders to Supplier from time to time during the Term. On a schedule that is mutually agreeable or before Thursday prior to the Partiescommencement of each Week, Customer shall provide Supplier with a binding purchase order specifying (A) the amount of Ottawa Product and 100-M Product ordered and (B) the time(s) and date(s) during the Week following the date on which the purchase order was submitted that Customer will pick up the Product at the Supplier’s Facility. Purchase orders may be submitted electronically or in hard copy, or in such other manner as may be mutually acceptable to Customer and Supplier. The purchase orders submitted by Customer for Ottawa Product submitted by Customer generally shall be in the following ratios of mesh sizes: (i) during the Kosse Product Supply Period and during the Transition Period, are anticipated to be in ratio of 1:3 ratios of mesh sizes 20/40 and 30/70*** are expected to be ***, and (ii) during the Wisconsin Product Supply Period, are anticipated to be in ratios of 1:1:1 of mesh sizes 20/40, 30/50 and 40/70, respectively*** expected to be ***; provided, however, that the that Parties acknowledge and agree that the ratios of mesh sizes of Ottawa Product delivered to Customer in all cases during the Kosse Product Supply Period, the Transition Period and the Wisconsin Product Supply Period shall ultimately be determined by the Supplier’s current mine feed and inventory availability of Ottawa Product. In the event of a material change in the anticipated ratios, Supplier shall provide written notice of such change to Customer and the Parties shall negotiate in good faith to determine the new ratios.

Appears in 3 contracts

Samples: Sand Supply Agreement, Sand Supply Agreement (Emerge Energy Services LP), Sand Supply Agreement (Emerge Energy Services LP)

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