Products and Quantities Clause Samples
Products and Quantities. (A) In each calendar month, VMSC agrees to sell and Distributor agrees to purchase [*.*] of the quantity of each Product set forth on Exhibit A attached hereto and made a part hereof [*.*]. Distributor shall purchase Products on a ratable basis throughout the month.
(B) Quantities of Products less than the monthly maximum not purchased by Distributor shall not be carried forward to purchases in future months. Furthermore, in the event Distributor purchases, with VMSC’s consent, quantities of Products in excess of the maximum [*.*] CONFIDENTIAL TREATMENT REQUESTED: INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND IS NOTED WITH “[*.*].” AN UNREDACTED VERSION OF THIS DOCUMENT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. quantities, any such purchase shall be subject to the terms and conditions of this Agreement. VMSC shall not be under any obligation to deliver additional Products in excess of the monthly maximum.
(C) Distributor acknowledges that its obligation to purchase during each calendar month the volume of Products described in Paragraph 2(A) above is a material and important part of the consideration for this Agreement. VMSC reserves the right to require periodic reports from Distributor during the term regarding sales of Products from, and deliveries of Products to, each Station, as well as other matters as specified by VMSC. Such reporting requirements may be modified from time-to-time during the term by VMSC on notice to Distributor. As of the Commencement Date, and continuing throughout the term of this Agreement, the following reporting requirement shall be in effect: within 30 days after the completion of each calendar month, Distributor shall submit to VMSC, via VMSC’s wholesale marketing portal located at the web site address ▇▇▇.▇▇▇▇▇▇.▇▇▇, such information as requested from VMSC from time to time, including without limitation, the total volume of Products sold, by Station, during such calendar month.
(D) VMSC reserves the right, at any time and from time-to-time during the term, after notice to Distributor (which may be given by DTN or other electronic means), to charge a higher price for non-ratable liftings or over-liftings as described in this paragraph. The notice to Distributor shall specify (i) an effective date, (ii) the time period over which liftings will be measured (the “Lifting Period”) during the term the notice is in effect, (iii) the maximum volume allowed to be lifted w...
Products and Quantities. (a) CONTRACTS LONGER THAN ONE (1)
Products and Quantities. (A) In each calendar month, VMSC agrees to sell and Distributor agrees to purchase not less than 85% and not more than 115% of the quantity of each Product set forth on Exhibit A attached hereto and made a part hereof (both on a Station-specific and an Agreement-wide basis). Distributor shall purchase Products on a ratable basis throughout the month.
(B) Quantities of Products less than the monthly maximum not purchased by Distributor shall not be carried forward to purchases in future months. Furthermore, in the event Distributor purchases, with VMSC’s consent, quantities of Products in excess of the maximum quantities, any such purchase shall be subject to the terms and conditions of this Agreement. VMSC shall not be under any obligation to deliver additional Products in excess of the monthly maximum. CST MARKETING AND SUPPLY COMPANY rev. 03/12 (C) Distributor acknowledges that its obligation to purchase during each calendar month the volume of Products described in Section 2(A) above is a material and important part of the consideration for this Agreement. VMSC reserves the right to require periodic reports from Distributor during the term regarding sales of Products from, and deliveries of Products to, each Station, as well as other matters as specified by VMSC. Such reporting requirements may be modified from time-to-time during the term by VMSC on notice to Distributor. As of the Commencement Date, and continuing throughout the term of this Agreement, the following reporting requirement shall be in effect: within 30 days after the completion of each calendar month, Distributor shall submit to VMSC, via VMSC’s wholesale marketing portal located at the web site address ▇▇▇.▇▇▇▇▇▇.▇▇▇, such information as requested from VMSC from time to time, including without limitation, the total volume of Products sold, by Station, during such calendar month.
(D) VMSC reserves the right, at any time and from time-to-time during the term, after notice to Distributor (which may be given by DTN or other electronic means), to charge a higher price for non-ratable liftings or over-liftings as described in this Section 2. The notice to Distributor shall specify (i) an effective date, (ii) the time period over which liftings will be measured (the “Lifting Period”) during the term the notice is in effect, (iii) the maximum volume allowed to be lifted without a higher price during any Lifting Period (the “Lifting Period Maximum”), and (iv) the amount of the higher price, or ...
Products and Quantities. (a) On the terms and subject to the conditions ----------------------- herein during the Term (as defined in Section 3.1), (i) for each of the first ----------- two Periods during the Term, Holdings will sell to BCC, and BCC will purchase from Holdings, Products (as defined in Section 4.6) in a minimum amount of the ----------- Commitment Amount (as defined in Section 4.6), and (ii) for each of the ----------- remaining Periods thereafter, Holdings will sell to BCC, and BCC will purchase from Holdings, 100% of the requirements of BCC and its Affiliates for the Products, up to and including the Commitment Amount.
(b) If BCC breaches its obligations under Section 1.1(a) for any Period, BCC -------------- shall be liable for, and shall pay to Holdings, an aggregate amount equal to (i) .258 multiplied by (ii) the excess of (A) the aggregate amount of Products ------------- that BCC was required under Section 1.1
(a) to purchase from Holdings during the -------------- Period in question over (B) the aggregate amount of BCC's purchases of Products during such Period.
Products and Quantities. (A) In each calendar month, VMSC agrees to sell and Distributor agrees to purchase not less than 85% and not more than 115% of the quantity of each Product set forth on Exhibit A attached hereto and made a part hereof (both on a Station-specific and an Agreement-wide basis). Distributor shall purchase Products on a ratable basis throughout the month.
(B) Quantities of Products less than the monthly maximum not purchased by Distributor shall not be carried forward to purchases in future months. Furthermore, in the event Distributor purchases, with VMSC’s consent, quantities of Products in excess of the maximum quantities, any such purchase shall be
Products and Quantities