PURCHASE ALTERNATE MATERIAL Clause Samples

PURCHASE ALTERNATE MATERIAL. Nothing in this Agreement limits Energis from purchasing or acquiring Material from sources other than Company with the understanding that under this Agreement Energis is responsible for taking up to a minimum of eighteen thousand (18,000) tons per year of Material from Company. If Company fails to perform its obligations pursuant to this Agreement, Energis shall notify Company in writing and Company shall have fifteen (15) business days to provide a cure (the cure will include meetings its ongoing volume commitment and to make up any volume it failed to deliver) for meeting its obligations pursuant to this Agreement otherwise Energis shall have the right to either terminate this Agreement or contract with third parties to meet Company’s obligations. Once Company advises Energis in writing of its ability to meet its obligations under this Agreement, and Energis is reasonably agreeable with Company’s assessment, Company will resume its obligations hereunder and Energis will cease using its third party supplier for the purposes of addressing Company’s lack of supply. All reasonable costs above what Energis would have incurred under this Agreement if Company had met its obligations, shall be the sole responsibility of Company. Company, at Energis’ option, shall either pay Energis for such additional costs or shall credit Energis for such additional costs against its future invoicing for its Material under this Agreement.