Minimum Tonnage Sample Clauses

Minimum Tonnage. 23.2.1 Without prejudice to Clause 23.1 or Clause 23.4, where the tonnage of Contract Waste delivered falls below the Minimum Tonnage the Minimum Tonnage shall apply in calculating the “ATR” component of the Unitary Charge as provided in paragraph 12 (Annual Tonnage Reconciliation) of Schedule 4 (Payment Mechanism).
Sample 1
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Minimum Tonnage. Interstate agrees that during each Fiscal Year during the Term hereof, it shall pay for the transshipment of no less than 800,000 tons of Interstate Coal (the "Minimum Interstate Tonnage") through the Facility. Unless and until this Agreement is terminated in accordance with the provisions of Article VII or Article VIII hereof, or Interstate is relieved of its obligation to pay the Operating Charge Per Ton under Section 8.2(b)(iii) hereof (but only to such extent), failure to transship all or any part of such Minimum Interstate Tonnage shall not under any circumstances relieve Interstate of the obligation to make the payments required by Article III hereof, which shall be computed and paid as if the Minimum Interstate Tonnage had been transshipped through the Facility, and the payment obligations of Interstate under Article III shall be absolute and unconditional and shall not be subject to any abatement, diminution, set-off, counterclaim, recoupment, agreement, defense, suspension, deferment, interruption, or other right which Interstate may have against OJT or any other person or entity for any reason whatsoever, including, without limitation, (a) any damage to, destruction, theft or loss of the Facility or any portion thereof, (b) any event of Force Majeure, (c) breach of any warranty of any seller or manufacturer of the Facility or the Ancillary Hardware, or any component thereof, (d) the physical failure of the Facility, the Ancillary Hardware or any component thereof due to inadequacy, condemnation, confiscation or public requisition of the Facility or the Ancillary Hardware or any portion thereof, (e) any claim as a result of business dealings between OJT and Interstate, (f) any circumstance which might give rise to a claim by Interstate of commercial frustration, or (g) any insolvency, bankruptcy, reorganization or similar proceedings by or against Interstate.
Sample 1
Minimum Tonnage. The minimum tonnage of acceptable materials shall not apply until 90 days after a completion or construction of Wiley and Associates Disposal's Facilities. This provision is to allow the supplier to "ramp-up" their processing and shipment.
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Minimum Tonnage. 4.1. The Parties acknowledge that the Project Agreement Minimum Tonnage is (figure removed from report to maintain commercial confidentiality) tonnes per annum. 4.2. The WDA agrees that without prejudice to its general duty to mitigate set out in paragraph 8.6.1 of Schedule 6 of the IAA, it shall when claiming any Compensation Payments pursuant to Clause 14.5 of the IAA, demonstrate to the relevant WCA(s) that the PPP Contractor has complied with its obligations under the Project Agreement to use reasonable endeavours to source Substitute Waste to make up for any shortfall in the Project Agreement Minimum Tonnage. 4.3. For the avoidance of doubt, in the event that the Project Agreement Minimum Tonnage is fulfilled as a result of Substitute Waste sourced by the PPP Contractor, the WCAs shall not have any liability to the WDA under Clause 14.5 of the IAA, regardless of whether Clause 14.5 would have applied were it not for the Substitute Waste.
Sample 1
Minimum Tonnage. If in any Contract Year either Party reasonably considers that the tonnage of Contract Waste received by the Contractor under this Agreement will fall below:- 6.3.1 REDACTED – 4 lines 6.3.2 REDACTED – 4 lines 6.3.3 subject to the provisions of clause 6.4.3 the Contractor shall use its reasonable endeavours to source and process on reasonable terms an amount of Third Party Waste that is at least equal to the anticipated Contract Waste Shortage for that Contract Year; and 6.3.4 to the extent that the Contractor receives Third Party Waste in accordance with clause 6.4.3, any Third Party Revenue (exclusive of VAT) actually received by the Contractor in respect of Third Party Waste up to an amount equal to the Contract Waste Shortage for that Contract Year, multiplied by BP1 (as the same is defined in paragraph 2.4.1 and 3.5.1 (as the case may be) of Schedule 5 (Payment Mechanism)) shall reduce the Authority’s obligations to pay the Tonnage Based Element of the Monthly Unitary Charge pursuant to paragraph 3 of Schedule 5 (Payment Mechanism) by an amount equal to ninety per cent (90%) of such Third Party Revenue (exclusive of VAT), such reduction being calculated as part of the First Annual Reconciliation; and 6.3.5 the ten per cent (10%) of the Third Party Revenue (exclusive of VAT) retained by the Contractor shall not be taken into account in any calculation of the Third Annual Reconciliation under paragraph 10 of Schedule 5 (Payment Mechanism).
Sample 1
Minimum Tonnage. In partial consideration of the rights granted by Buckeye hereunder, RMI agrees to purchase from Buckeye all of its requirements for fine and coarse aggregates for use in the manufacture of ready mix concrete at the RMC Plant (the “Products”). On or before January 1 of each calendar year during the term of this Agreement, RMI shall notify Buckeye of its expected requirements for the next calendar year, including those requirements for Products for use in an RMC Plant (the “Annual Minimum Quantities”). RMI agrees that, commencing on January 1, 2009 and for each year thereafter as long as this Agreement remains in effect, the annual payment Buckeye receives (the sum total of the twelve monthly payments due and paid for each year of the Agreement) shall not be less than an amount (the “Annual Minimum Payment”) calculated on the basis of the minimum annual combined sales of fine and coarse aggregate and the price of Washed Fine and Coarse Aggregate during the year pursuant to Exhibit C. Beginning on January 1, 2010 and thereafter as long as this Agreement remains in effect, the Annual Minimum Payment shall be adjusted January 1 of each calendar year of this Agreement based on the Adjusted Price for fine and coarse aggregate determined in accordance with Exhibit C, Paragraph 2 hereof, provided, however, effective January 1, 2009, the Annual Minimum Quantities shall not be less than 100,000 tons for the first 12 months of this agreement, 150,000 tons for the second 12 months of this Agreement and 200,000 tons for each 12 months thereafter. RMI agrees that commencing on January 1, 2009 and for each month thereafter as long as this Agreement remains in effect, the Minimum Monthly Payment Buckeye receives shall not be less than an amount calculated on the basis of the Monthly Minimum Quantity (as defined herein) and the price of Washed Coarse and Fine Aggregate determined in accordance with Exhibit C, Paragraph 2 hereof. Effective January 1, 2009, the Monthly Minimum Quantity shall not be less than 6,250 tons per month for the first 12 months of this Agreement, 9,375 tons per month for the second 12 months of this Agreement, and 12,500 tons per month for each 12 months thereafter. If in any month RMI’s payment due is less than the Minimum Monthly Payment (“Monthly Overpayment”), RMI shall be given a credit (“Monthly Overpayment Credit”) equal to the amount of the Monthly Overpayment and Monthly Overpayment Credits may accumulate except that each Monthly Overpayment...
Sample 1

Related to Minimum Tonnage

  • 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 Order When the Government requires supplies or services covered by this contract in an amount of less than one each, the Government is not obligated to purchase, nor is the Contractor obligated to furnish those supplies or services under the contract.

  • Minimum Orders Client may order Manufacturing Services for batches of Products only in multiples of the Minimum Order Quantities as set out in Schedule B to a Product Agreement.

  • Minimum Purchase Broker-Dealer shall not sell fewer than $5,000 in Notes to any purchaser without the prior written consent of Issuer.

  • 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.

  • Minimum Payment (a) Overtime worked on a Saturday or Sunday will be paid for at the rate of double Ordinary Rates. Employees required to work on a Saturday or Sunday will be afforded a minimum 4 hours work, or be paid as if for 4 hours at the aforementioned overtime rates.

  • Minimum Purchase Requirements Distributor shall make the minimum annual purchase of Products established in Exhibit B, unless the Agreement has become coexclusive. In the period within the fixed term and extension, if applicable, of the Agreement under Section 10(a) subsequent to [ * ], the parties shall meet in San Francisco at least [ * ] prior to the beginning of each of respective year to discuss market conditions and appropriate minimum purchases for such year. In the event that the parties fail to agree on an appropriate minimum any year subsequent to [ * ], the minimum annual purchase requirement for such year shall be calculated increasing or decreasing (as the case may be) the minimum purchase requirement for the preceding year in proportion to the increase or decrease in the [ * ] (based on data from mutually acceptable data provider) of the applicable product in the Territory. In the event Supplier is unable to deliver Products ordered by Distributor in an amount consistent with the most recent forecast, then the minimum annual purchase requirement shall be reduced by the quantity of Products that Supplier is unable to deliver when requested. In the event Distributor fails in any year (a “Shortfall Year”) to make the annual minimum purchase of Agreement Products required by Exhibit B, Supplier shall have the right to give Distributor written notice of default, and if such failure to make the minimum purchase is not cured (through the purchase of an amount of Agreement Product equal to the entire shortfall in the Shortfall Year, which amount shall not be counted towards any minimum purchase requirements for the year of purchase) within [ * ] of receipt of the notice, then Supplier shall have the right, in Supplier’s sole discretion and as Supplier’s sole remedy for Distributor’s failure to meet the minimum purchase requirements hereunder, either to convert the appointment of Distributor from exclusive to non-exclusive or to terminate this Agreement. In the event of either conversion to non-exclusive or termination of this Agreement pursuant to this Section 3(e), the Supplier shall pay Distributor a conversion fee equal to [ * ], and Distributor shall transfer all Regulatory Approvals relating to BMS or DES in the Territory to Supplier.

  • Minimum Shipping Requirements for TIPS Sales Vendor shall ship, deliver, or provide ordered goods and services within a commercially reasonable time after acceptance of the order. If a delay in delivery is anticipated, Vendor shall notify the TIPS Member as to why delivery is delayed and provide an updated estimated time for completion. The TIPS Member may cancel the order if the delay is not commercially acceptable or not consistent with the Supplemental Agreement applicable to the order.

  • Minimum Hours All employees shall be paid their regular hourly rate for each hour worked except where employed for less than four (4) consecutive hours per day, in which event they shall receive a minimum of four (4) hours pay. An employee who is called for work and upon reporting finds that his or her services are not required shall receive two (2) hours pay.

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

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