Isoprene Sample Clauses

Isoprene. Pursuant to an agreement dated September 11, 1999, Shell, through a local operating subsidiary, supplies, and we purchase, a nominated volume of isoprene per year for our manufacturing facility in the U.S. We purchased approximately 30,000 and 34,000 metric tons of isoprene pursuant to this agreement in 2001 and 2002, respectively. Pursuant to an agreement dated February 28, 2001, we purchase a minimum of 20,000 metric tons, and Shell, through a local operating subsidiary, supplies a maximum of 25,000 metric tons, of isoprene per year in the aggregate for our manufacturing facility in The Netherlands. The agreed annual quantities are subject to increase or decrease upon annual review by the parties. The initial term of each contract will end December 31, 2009 and will automatically renew indefinitely, subject to 12 and 24 months prior written notice of termination in the U.S. and The Netherlands, respectively, by either party. If we fail to purchase 95% of the agreed quantity of isoprene in either the U.S. or The Netherlands in a given year, unless excused because of reasonably unforeseen circumstances, including plant breakdowns, we must pay Shell an idle capacity fee pursuant to formulas set forth in the contract. In both the U.S. and The Netherlands, should we require additional isoprene above the agreed quantity, Shell will supply this additional demand at the agreed upon price from its own capacity or otherwise purchase such additional volumes on our behalf at the market price. In both the U.S. and The Netherlands, Shell will charge a price based on monthly and annually calculated factors based on market indicators such as oil prices and labor costs. We are currently renegotiating both of the U.S. and The Netherlands agreements and expect to finalize these agreements by the end of the first quarter of 2003.

Isoprene. LYB shall use all reasonable endeavours to support such modifications to the infrastructure and operations at the Facility as may be necessary to enable Kraton, at Kraton’s cost, to receive, unload and store up to *** kilotonnes of isoprene at the Facility annually. Without limiting LYB’s obligations under the preceding sentence, in the event that such support would impede LYB’s own operations at the Facility, the Parties shall meet and negotiate in good faith to agree on a solution that mitigates the impact on LYB’s operations while enabling Kraton to achieve the same level of use of isoprene at the Facility.