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Pay or Take Sample Clauses

Pay or Take. 5.3.1 If for any Calendar Year, Seller fails for any reason other than Force Majeure to make available to Buyer Actual Designated Tracts for any Harvesting Year that would allow Buyer to harvest at least ninety percent (90%) of each of the Products comprising the designated Annual Purchase Amount for such Calendar Year, Seller will pay Buyer at a rate of $10.00 per ton for Hardwood Pulpwood, $15.00 per ton for Softwood Pulpwood and $30 per ton for Hardwood Stringers, respectively, multiplied by the difference between (x) ninety percent (90%) of the number of tons of the applicable Product comprising the Annual Purchase Amount for the applicable Calendar Year minus (y) the actual number of tons of the applicable Product made available by Seller for harvesting by Buyer during such Calendar Year, as liquidated damages and not as a penalty, and Buyer shall have no further claim for damages on account of such shortfall in the delivery of such Product comprising the Annual Purchase Amount. Payment shall be made by Seller to Buyer on demand no later than fifteen (15) days from Buyer’s written request for such payment. 5.3.2 If for any Calendar Year, Buyer fails for any reason other than Force Majeure to harvest at least ninety percent (90%) of each Product comprising the Annual Purchase Amount (other than by virtue of a failure of Seller to make available the full amount of Tracts for harvesting such Product in the applicable Calendar Year), then Buyer shall pay Seller for the shortage at a rate of $10.00 per ton for Hardwood Pulpwood, $15.00 per ton for Softwood Pulpwood and $30 per ton for Hardwood Stringers, respectively, multiplied by the difference between (x) ninety percent (90%) of the number of tons of the applicable Product comprising the Annual Product Amount for the applicable Calendar Year minus (y) the volume of the applicable Product comprising the Annual Product Amount actually harvested by Buyer hereunder during such Calendar Year, as liquidated damages and not as a penalty, and Seller shall have no further claim for damages on account of Buyer’s failure to harvest the Annual Product Amount. Payment shall be made by Buyer to Seller on demand no later than fifteen (15) days from Seller’s written request for such payment.
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Pay or Take 

Related to Pay or Take

  • NO STRIKE OR LOCKOUT The Union agrees that there shall be no strike, walkout or other interruption of work by any employees or group of employees during the term of this Agreement and the Employer agrees that there shall be no lockout during the term of this Agreement.

  • STRIKE OR LOCKOUT There shall be no strike or lockout during the term of this Agreement or of any renewal of this agreement.

  • STRIKES OR LOCKOUTS 5.01 During the term of this Agreement, or while negotiations for a further agreement are being held the Union will not permit or encourage any strike, slowdown, or any stoppage of work or otherwise restrict or interfere with the Employer's operation through its members. 5.02 During the term of this Agreement, or while negotiations for a further agreement are being held, the Employer will not engage in any lockout of its employees or deliberately restrict or reduce the hours of work.

  • NO STRIKES OR LOCKOUTS 5.01 The Union agrees there will be no strikes and the Employer agrees there will be no lockouts during the term of this Agreement. The term "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act, as amended.

  • STRIKES & LOCKOUTS The Union agrees there shall be no strikes and the Hospital agrees there shall be no lockouts so long as this Agreement continues to operate. The terms "strike" and "

  • NO STRIKES - NO LOCKOUTS In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that, during the life of this agreement, there will be no strike, picketing, slowdown or stoppage of work, either complete or partial, and the Corporation agrees that there will be no lockout.

  • ILLEGAL STRIKES 10.1 The Public Service Labour Relations Act provides penalties for engaging in illegal strikes. 10.2 Both parties agree that disciplinary action in the form of termination of services with the Council, or such lesser penalty as the Council, after consultation with the Association, may deem necessary in the circumstances may also be taken for participation in an illegal strike as defined in the Public Service Labour Relations Act.

  • NO STRIKES AND NO LOCKOUTS 5:01 The Employer undertakes that there will be no lockout as defined in the Labour Relations Act during the term of this Agreement. The Union undertakes that there will be no strike as defined in the Labour Relations Act during the term of this Agreement.

  • NO STRIKE/NO LOCKOUT 4.01 The Union agrees there shall be no strikes and the Hospital agrees there shall be no lockouts so long as this Agreement continues to operate. The terms "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act.

  • STRIKES AND LOCKOUTS The Union agrees during the term of this Agreement there will be no slowdown or strike, stoppage of work or refusal to work or to continue to work. The Employer agrees that during the term of this Agreement there will be no lockout.

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