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. (b) Supplier will invoice Customer (i) for Product purchased by Customer within five (5) Business Days after Customer picks up the Product at Supplier’s Facility, (ii) for Supplier Railcars subleased by Customer within five (5) Business Days of the Required Supplier Railcar Release Date, (iii) for Railcar Late Fees that may apply to any Supplier Railcar within five (5) Business Days of the date such Supplier Railcar is released back to the rail carrier pursuant to Section 3.4, and (iv) for all sales or use taxes or applicable import or export taxes and charges within five (5) Business Days of Supplier being assessed, receiving invoices or remitting payment for such amounts. Customer shall remit payment for all invoices by wire transfer or electronic funds transfer (EFT) of immediately available funds to an account provided by Supplier (as updated from time to time in writing), or any other mutually agreed upon payment form, within 30 days from the date of receipt of such invoice by Customer setting forth the amount due. Any time the aggregate amount of *** due to Supplier under this Agreement remains unpaid for 45 days past the applicable due dates, Supplier shall have the right to withhold shipments to Customer and in such event Customer shall not be relieved of its Annual Minimum Tonnage obligations.

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. (b) 4.2 Supplier will invoice Customer (i) for Product purchased by Customer within five (5) Business Days after Customer picks up the Product at Supplier’s Facility, (ii) for any amounts due as an Annual True-Up within ten (10) Business Days of such amounts becoming due, (iii) for Supplier Railcars subleased leased by Customer within five (5) Business Days of the Required Supplier Railcar Release Return Date, (iiiiv) for Railcar Late Fees that may apply to any Supplier Railcar within five (5) Business Days of the date such Supplier Railcar is released back returned to the rail carrier pursuant to Section 3.4Supplier’s Facility, and (ivv) for all sales or use taxes or and applicable import or export taxes and charges within five (5) Business Days of Supplier being assessed, receiving invoices or remitting payment for such amounts. Customer shall remit payment for all pay invoices by wire transfer or electronic funds transfer (EFT) of immediately available funds (to an the account provided by Supplier (Supplier, as updated from time to time in writing), or any other mutually agreed upon payment form, ) within 30 thirty (30) days from the date of receipt of such invoice by Customer setting forth the amount due. Any time If Customer fails to pay Supplier within thirty (30) days from the aggregate date of receipt of an invoice sent by Supplier, Supplier may send Customer a late payment notice (the first such notice, the “First Late Payment Notice” and each subsequent notice, a “Subsequent Late Payment Notice”). If Customer fails to pay Supplier the amount due on any invoice for which Supplier has sent the First Late Payment Notice within thirty (30) days of *** due to Supplier under this Agreement remains unpaid for 45 days past receipt of the applicable due datesFirst Late Payment Notice, Supplier shall have the right to (i) withhold shipments to Customer and in such event Customer shall not be relieved of its Wisconsin Supply Period Annual Minimum Tonnage obligationsobligations and/or (ii) exercise the termination rights provided in Section 10.1.2. If Customer fails to pay Supplier the amount due on any invoice for which Supplier has sent a Subsequent Late Payment Notice within fifteen (15) days of receipt of such Subsequent Late Payment Notice, Supplier shall have the right to (i) withhold shipments to Customer and in such event Customer shall not be relieved of its Wisconsin Supply Period Annual Minimum Tonnage obligations and/or (ii) exercise the termination rights provided in Section 10.1.3. Payments made by Customer shall not be construed as a waiver of any rights Customer may have under this Agreement for defective or nonconforming Product.

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. (b) 4.2 Supplier will invoice Customer (i) for Product purchased by Customer within five (5) Business Days after Customer picks up the Product at Supplier’s Facility, (ii) for any amounts due as an Annual True-Up within ten (10) Business Days of such amounts becoming due, (iii) for Supplier *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Railcars subleased leased by Customer within five (5) Business Days of the Required Supplier Railcar Release Return Date, (iiiiv) for Railcar Late Fees that may apply to any Supplier Railcar within five (5) Business Days of the date such Supplier Railcar is released back returned to the rail carrier pursuant to Section 3.4Supplier’s Facility, and (ivv) for all sales or use taxes or and applicable import or export taxes and charges within five (5) Business Days of Supplier being assessed, receiving invoices or remitting payment for such amounts. Customer shall remit payment for all pay invoices by wire transfer or electronic funds transfer (EFT) of immediately available funds (to an the account provided by Supplier (Supplier, as updated from time to time in writing), or any other mutually agreed upon payment form, ) within 30 thirty (30) days from the date of receipt of such invoice by Customer setting forth the amount due. Any time If Customer fails to pay Supplier within thirty (30) days from the aggregate date of receipt of an invoice sent by Supplier, Supplier may send Customer a late payment notice (the first such notice, the “First Late Payment Notice” and each subsequent notice, a “Subsequent Late Payment Notice”). If Customer fails to pay Supplier the amount due on any invoice for which Supplier has sent the First Late Payment Notice within thirty (30) days of *** due to Supplier under this Agreement remains unpaid for 45 days past receipt of the applicable due datesFirst Late Payment Notice, Supplier shall have the right to (i) withhold shipments to Customer and in such event Customer shall not be relieved of its Wisconsin Supply Period Annual Minimum Tonnage obligationsobligations and/or (ii) exercise the termination rights provided in Section 10.1.2. If Customer fails to pay Supplier the amount due on any invoice for which Supplier has sent a Subsequent Late Payment Notice within fifteen (15) days of receipt of such Subsequent Late Payment Notice, Supplier shall have the right to (i) withhold shipments to Customer and in such event Customer shall not be relieved of its Wisconsin Supply Period Annual Minimum Tonnage obligations and/or (ii) exercise the termination rights provided in Section 10.1.3. Payments made by Customer shall not be construed as a waiver of any rights Customer may have under this Agreement for defective or nonconforming Product.

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. (b) Supplier will invoice Customer (i) for Product purchased by Customer within five (5) Business Days after Customer picks up the Product at Supplier’s Facility, (ii) for Supplier Railcars subleased by Customer within five (5) Business Days of the Required Supplier Railcar Release Date, (iii) for Railcar Late Fees that may apply to any Supplier Railcar within five (5) Business Days of the date such Supplier Railcar is released back to the rail carrier pursuant to Section 3.4, and (iv) for all sales or use taxes or applicable import or export taxes and charges within five (5) Business Days of Supplier being assessed, receiving invoices or remitting payment for such amounts. Customer shall remit payment for all invoices by wire transfer or electronic funds transfer (EFT) of immediately available funds to an account provided by Supplier (as updated from time to time in writing), or any other mutually agreed upon payment form, within 30 days from the date of receipt of such *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. invoice by Customer setting forth the amount due. Any time the aggregate amount of *** due to Supplier under this Agreement remains unpaid for 45 days past the applicable due dates, Supplier shall have the right to withhold shipments to Customer and in such event Customer shall not be relieved of its Annual Minimum Tonnage obligations.