MOTOR FUEL CONTRACT VOLUME Sample Clauses

MOTOR FUEL CONTRACT VOLUME. (a) Company shall make available for sale to Distributor and Distributor shall purchase from Company at least the sufficient volumes of Motor Fuel as specified in Part 1, Section 1.5, to achieve the Expected Annual Supply Margin subject to any adjustments made pursuant to other provisions of this Agreement. Such purchases shall be subject to and in accordance with Section 1.5 of this Agreement. (b) The volumes of Motor Fuel specified in Part 1, Section 1.5 may be allocated, or the availability thereof may be temporarily reduced, suspended, or delayed by Company or other Branded Suppliers, all without liability to Distributor for any resulting losses, when and to the extent Company or its Branded Suppliers, in their sole judgment determine that events, circumstances, or conditions necessitate allocation, reduction, suspension, or delay, such as those classified as, or resulting in, commercial impracticability to Company or its Branded Suppliers, or impossibility of performance by Company or its Branded Suppliers. The types of events, circumstances, and conditions that will give rise to allocation, reduction, suspension or delay by Company or its Branded Suppliers, include, but are not limited to the following: changes that take place with respect to anticipated sources of raw materials, product supplies, or manufacturing, transportation, storage, or loading facilities (including cost increases to Company for same that cannot be satisfactorily included in the price of Motor Fuel covered by this Agreement, or otherwise passed on to Distributor); non-availability, loss, disruption, or breakdown in facilities; environmental protection, health, safety, or other regulatory obligations imposed with respect to products or facilities; labor disputes; weather conditions; or acts or omissions of other customers of Company. Company may, but is under no obligation to Distributor, to correct and remedy such events, circumstances, and conditions, and their effects upon Company's performance of this Agreement. Company shall notify Distributor of the nature of any temporary reduction, suspension, or delay, when reasonable to do so. Notwithstanding the foregoing, Company agrees that it will not discriminate against Distributor in the event of any allocation, reduction, suspension or delay pursuant to this paragraph. In addition, Distributor’s required purchase of Motor Fuel as specified in Part 1, Section 1.5, and Company’s Expected Annual Supply Margin will be adjusted as a...
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