Provisional Price. The Provisional Price payable by MSCG pursuant to Section 9.1 with respect to a Light Finished Product shall equal the ***** prices effective for the Delivery Date, or if the Delivery Date is not a Business Day or is the same as the Provisional Payment Day, effective for the Business Day prior to the Delivery Date. The Provisional Price payable by MSCG pursuant to Section 9.1 with respect to a Specialty Grade shall equal the ***** to produce the Specialty Grade Product instead of the “Next Best Alternative Product” as mutually agreed between the Parties.
Provisional Price. Should the Seller elect to use the Working Capital Facility, the provisional pricing for the Materials delivered to Buyer shall be calculated in the manner set forth below:
(a) Where the Material has been sold forward by Traxys to a Customer at the time of delivery to Traxys:
(i) If the Customer Final Price for the shipment for sale to the Customer is known at the time of delivery to the Buyer, then the provisional price will be the Customer Final Price. The provisional payment to the Seller for such Material will be [XXX]% of the provisional price; provided that the provisional payment percentage of [XXX]% shall be reduced, if applicable, to be the provisional payment percentage in any corresponding Customer Contract; and
(ii) If the Customer Final Price for the shipment for sale to the Customer is unknown at the time of delivery to the Buyer, then the provisional price will be the estimated Customer Final Price, as determined by the Buyer using all relevant formulas in the Customer Contract. The provisional payment to the Seller for such Material will be [XXX]% of the provisional price; provided that the provisional payment percentage of [XXX]% shall be reduced, if applicable, to be the provisional payment percentage in any corresponding Customer Contract.
(b) Where the Material remains unsold at the time of delivery to Traxys, the provisional price will be mutually agreed by Xxxxx and Seller, using the benchmark prices set forth in clause 7.1 above and a provisional quotational period (being the average of the five business days preceding the date of delivery to the Buyer) and the provisional payment will be equal to [XXX] of the provisional price.
(c) Notwithstanding the foregoing, where the Material is “Off-Spec Black Mass”, the provisional price shall be [XXX] of the benchmark prices set forth in clause 7.1 above and the provisional quotational period shall be the average of the five business days preceding the date of delivery to the Buyer.
Provisional Price. For purposes of provisional invoicing as provided in Section 11.3, the provisional price of each cargo of Concentrates shall be determined by Seller by reference to loaded weights, estimated assays, and except as provided otherwise in Section 8.10 of this Agreement the respective prices for (i) Payable Copper determined pursuant to Section 8.6 of this Agreement as if the applicable Quotational Period for Payable Copper were the two full calendar weeks prior to the date of shipment, less applicable smelting and refining charges, and (ii) Payable Gold and Payable Silver determined pursuant to Sections 8.7 and 8.8 of this Agreement, less applicable refining charges, as if the applicable Quotational Period for Payable Gold and Payable Silver were the two full calendar weeks prior to the date of shipment.
Provisional Price. Takeda agrees to pay BioNumerik a Provisional Price for each unit of Product that BioNumerik supplies to Takeda.
Provisional Price. 55 7.4 Reconciliation.............................................................................. 55 7.5 Samples and Clinical Supplies............................................................... 56 7.6
Provisional Price. In the event that, prior to January 1 of any particular year, the Parties are unable to agree upon a Base Price, shipments of Coal for that year shall be made at a Provisional Price in the same manner as if the Parties had agreed upon a Base Price. The Provisional Price for any particular year shall be the Base Price in effect in the last year in which a Base Price was established. In the event that the Parties are unable to agree upon a Base Price for 1994, the Provisional Price for 1994 quantities shall be the average base price per Ton, weighted by actual quantities delivered and adjusted for gross heating value, paid by Taipower for Coal delivered in 1993 under its contracts for the purchase of steam coal from U.S. East Coast and Gulf Coast suppliers, except contracts in which the 1993 price was established with reference to an escalation formula. Shipments at the Provisional Price shall continue until a Base Price has been agreed upon or determined in arbitration.
Provisional Price. Not less than 10 (ten) Business Days prior to Closing, the Sellers shall (and, as the case may be, shall cause the Group Companies to) deliver to the Purchaser a notice (the “Closing Notice”) containing (i) the Payoff Letters and (ii) the Sellers’ good faith estimate of:
(a) the Estimated Cash;
(b) the Estimated Financial Debt;
(c) the Estimated Working Capital Excess (if any);
(d) the Estimated Working Capital Deficiency (if any); and, therefore
(e) the estimation of the Price, calculated in accordance with Section 4.1 (the “Provisional Price”), provided, however, that if the Provisional Price as estimated by the Sellers in the Closing Notice is greater than Euro 125,000,000 (one hundred twenty five million) the Sellers and the Purchaser will promptly consult in good faith in an effort to mutually agree upon the Provisional Price and, absent such agreement in the five Business Days following delivery of the Closing Notice, the Provisional Price will be deemed to be Euro 125,000,000 (one hundred twenty five million).
Provisional Price. The details of the provisionally estimated specialized subcontract works, services, materials and engineering equipment shall be agreed upon by the parties to the contract in the special contract terms.
10.7.1 Provisional Price Projects that Must Be Tendered According to Law For provisionally estimated projects that must be tendered according to law, the following method 1 shall be adopted for determination. The contracting parties may also choose other tendering methods in the special contract terms.
Method 1 : For provisionally estimated projects that must be tendered according to law, the contractor shall tender, and the confirmation and approval of the provisionally estimated projects shall be carried out in accordance with the following agreements:
( 1 ) The contractor shall submit the bidding plan to the employer for review through the supervisor 14 days before the start of the bidding work according to the construction schedule . The employer shall approve or make amendments within 7 days after receiving the bidding plan submitted by the contractor. The contractor shall carry out the bidding work in accordance with the bidding plan approved by the employer;
( 2 ) The contractor shall submit the bidding documents to the employer for approval through the supervisor 14 days in advance according to the construction schedule. The employer shall complete the approval or make amendments within 7 days after receiving the relevant documents submitted by the contractor. The employer has the right to determine the bidding control price and participate in the bid evaluation in accordance with the law;
( 3 ) Before signing a provisional estimate contract, the contractor, the bidding entity and the subcontractor shall submit the information of the determined successful bidder or successful subcontractor to the employer 7 days in advance. The employer shall jointly determine the successful bidder with the contractor within 3 days after receiving the information. The contractor shall submit a copy of the provisional estimate contract to the employer for retention within 7 days after signing the contract . The second method : For provisional price projects that must be tendered according to law, the employer and the contractor shall jointly tender to determine the provisional price bidding unit or subcontractor. The contractor shall notify the employer 14 days before the start of the bidding work in accordance with the construction schedule and submit the provisiona...
Provisional Price. The initial price for the purchase of the Agreement Product shall be set as soon as practicable, but in no event later than within thirty (30) days from the Effective Date and by September 30th of each Fiscal Year commencing in 1997. The intention is that the provisional price will be a close approximation to the expected final purchase price for the next Fiscal Year. In the event that the parties cannot so agree, the provisional price will be ** of the average net selling price on a per vial basis in the preceding second calendar quarter.
