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Maximum Volumes Sample Clauses

Maximum VolumesIn no event will the volumes of Committed Gas that Seller is obligated to sell and deliver to Buyer or that Buyer is obligated to purchase and receive from Seller under the terms of this Agreement ever exceed the volumes of Gas that can be legally produced or purchased under the applicable rules and regulations of the Railroad Commission of Texas.
Maximum Volumes. (a) Upon the terms set forth herein, XXXXXX agrees that for each year during the term of this Agreement, XXXXXX shall supply TIMET or its designee(s) with Titanium Conversion Services on the Operating Assets of up to ten (10) million output pounds annually (as it may be increased as set forth in Section 2.1(b) below, the “Maximum Annual Volume”). The foregoing represents a capacity guarantee and XXXXXX agrees that at all times during the term of this Agreement it shall dedicate to TIMET adequate capacity for the performance of Titanium Conversion Services on a timely basis as required herein subject to the Maximum Annual Volume and Maximum Monthly Volume. XXXXXX shall be responsible for all capital equipment, trained personnel, maintenance, utilities and other expenses incurred to produce the products identified on Exhibit A. (b) TIMET shall have the option (the “Option”), exercisable by written notice (the “Option Notice”) from TIMET to XXXXXX, to order Titanium Conversion Services of up to an additional ten (10) million output pounds annually (such that the Maximum Annual Volume shall be up to twenty (20) million output pounds annually); provided, however, that the Maximum Annual Volume shall not increase unless and until the occurrence of one of the events set forth in Section 2.1(c)(i) or (ii). After the Loan Date (as defined below), the increased volumes will be staged into XXXXXX’ production schedule in mutually agreeable increments, provided that (i) no later than eighteen (18) months after the Loan Date, the Maximum Annual Volume shall be up to fifteen (15) million output pounds, and (ii) not later than thirty (30) months after the Loan Date and in all subsequent years, the Maximum Annual Volume shall be up to twenty (20) million output pounds. (c) Upon the delivery of the Option Notice, XXXXXX and TIMET shall promptly form a steering committee consisting of two (2) representatives of each of XXXXXX and TIMET (the “Steering Committee”). The Steering Committee will determine and approve any capital expenditures necessary to achieve the additional capacity. At TIMET’s option, TIMET may either (i) follow the Steering Committee’s determination, approve the necessary capital expenditures and offer to lend XXXXXX up to an aggregate of Twelve Million Dollars ($12,000,000) for such capital investments; or (ii) without seeking Steering Committee approval, offer to lend XXXXXX Twelve Million Dollars ($12,000,000) to use for capital investments that are requi...

Related to Maximum Volumes

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • Maximum Charges In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under law, such excess amount shall be first applied to any unpaid principal balance owed by Borrowers, and if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

  • ESTIMATED QUANTITIES 1.1 The quantities set forth in the line items and specification document are approximate and represent the estimated requirements for the contract period. 1.2 Items listed may or may not be an inclusive requirements for this category. 1.3 Category items not listed, but distributed by bidder are to be referred to as kindred items. Kindred items shall receive the same percentage of discount or pricing structure as items listed in the specification document. 1.4 The unit prices and the extended total prices shall be used as a basis for the evaluation of bids. The actual quantity of materials necessary may be more or less than the estimates listed in the specification document, but the City/County shall be neither obligated nor limited to any specified amount. If possible, the Owners will restrict increases/decreases to 20% of the estimated quantities listed in the specification document.

  • Contract Year A twelve (12) month period during the term of the Agreement commencing on the Effective Date and each anniversary thereof.

  • Intent to Limit Charges to Maximum Lawful Rate In no event shall the interest rate or rates payable under this Agreement, plus any other amounts paid in connection herewith, exceed the highest rate permissible under any law that a court of competent jurisdiction shall, in a final determination, deem applicable. Borrower and the Lender Group, in executing and delivering this Agreement, intend legally to agree upon the rate or rates of interest and manner of payment stated within it; provided, however, that, anything contained herein to the contrary notwithstanding, if said rate or rates of interest or manner of payment exceeds the maximum allowable under applicable law, then, ipso facto, as of the date of this Agreement, Borrower is and shall be liable only for the payment of such maximum as allowed by law, and payment received from Borrower in excess of such legal maximum, whenever received, shall be applied to reduce the principal balance of the Obligations to the extent of such excess.

  • Maximum Lawful Rate It is the intention of the parties hereto that the interest on the Advances shall not exceed the maximum rate permissible under Applicable Law. Accordingly, anything herein or in any Note to the contrary notwithstanding, in the event any interest is charged to, collected from or received from or on behalf of the Borrower by the Lenders pursuant hereto or thereto in excess of such maximum lawful rate, then the excess of such payment over that maximum shall be applied first to the payment of amounts then due and owing by the Borrower to the Secured Parties under this Agreement (other than in respect of principal of and interest on the Advances) and then to the reduction of the outstanding principal amount of the Advances of the Borrower.

  • Delivery Points ‌ Project water made available to the Agency pursuant to Article 6 shall be delivered to the Agency by the State at the delivery structures established in accordance with Article 10.

  • Minimum Royalty At the beginning of each calendar year during the term of this Agreement, beginning January 1, 2016, Company shall pay to Medical School a minimum royalty of {***}. If the actual royalty payments to Medical School in any calendar year are less than the minimum royalty payment required for that year, Company shall have the right to pay Medical School the difference between the actual royalty payment and the minimum royalty payment in full satisfaction of its obligations under this Section, provided such minimum payment is made to Medical School within sixty (60) days after the conclusion of the calendar year. Waiver of any minimum royalty payment by Medical School shall not be construed as a waiver of any subsequent minimum royalty payment. If Company fails to make any minimum royalty payment within the sixty-day period, such failure shall constitute a material breach of its obligations under this Agreement, and Medical School shall have the right to terminate this Agreement in accordance with Section 8.3.

  • MINIMUM ORDER QUANTITY The State makes no commitment to purchase any minimum or maximum quantity, or dollar volume of products from the selected suppliers. Utilization of this agreement will be on an as needed basis by State Agencies and/or Cooperative Participants, Cities, Counties, Schools K-12, Colleges and Universities. The State will award to multiple suppliers; however, the State reserves the right to purchase like and similar products from other suppliers as necessary to meet operational requirements.

  • Minimum Monthly Rent Tenant shall pay minimum monthly rent (“Minimum Monthly Rent”) in the initial amount stated in Section 1.5. The Minimum Monthly Rent shall be increased as set forth in Section 1.5 and/or elsewhere in this Lease. Tenant shall pay the Minimum Monthly Rent on or before the first day of each calendar month, in advance, at the office of Landlord or at such other place designated by Landlord, without deduction, offset or prior demand. If the Commencement Date is not the first day of a calendar month, the rent for the partial month at the beginning of the Lease Term shall be prorated on a per diem basis and shall be due on the first day of such partial month. Upon execution of this Lease, and before the Commencement Date, Tenant shall pay to Landlord the aggregate of the first month’s Minimum Monthly Rent, the first month’s Monthly Impound Payment (see Section 4.4), and the Security Deposit (see Section 5).