Common use of Purchase and Sale; Monthly Contract Volume Clause in Contracts

Purchase and Sale; Monthly Contract Volume. Each calendar month during the Term, Seller agrees to sell and deliver, and the Buyer agrees to purchase and receive, no less than [*.*]% and no more than [*.*]% of the Monthly Contract Volume (the “Volume Range”) of each Product at each Delivery Location, to be used solely in the operation of Buyer’s Retail Station Business and Home Heat Business. Buyer shall take delivery of the Monthly Contract Volume on a ratable basis throughout each month during the Term and in accordance with past practices. The seasonal variations in the Monthly Contract Volume and the Delivery Locations may be adjusted by the Parties by written amendment to this Agreement, and the Parties agree to negotiate in good faith any such amendments satisfactory to both Parties acting reasonably. Within 30 days after the beginning of each Contract Year during the Term, the Parties will agree to any adjustments in the Monthly Contract Volumes for any one or more Products, including the effect on the Annual Committed Volume mix for each Product Group that will apply for that Contract Year; provided however, that if the Parties are unable to agree by that date, the volumes set forth herein shall govern. If the Parties agree to changes in the Monthly Contract Volumes for any one or more Products, the Annual Committed Volume for the affected Product Groups will be adjusted accordingly, as will the Home Heat Distillate Volume Allocation, if necessary.

Appears in 3 contracts

Samples: License Agreement, Trademark License Agreement (CST Brands, Inc.), Trademark License Agreement (CST Brands, Inc.)

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Purchase and Sale; Monthly Contract Volume. Each calendar month during the Term, Seller agrees to sell and deliver, and the Buyer agrees to purchase and receive, no less than [*.*]% .*] and no more than [*.*]% .*] of the Monthly Contract Volume (the “Volume Range”) of each Product at each Delivery Location, to be used solely in the operation of Buyer’s 's Retail Station Business and Home Heat Business. Buyer shall take delivery of the Monthly Contract Volume on a ratable basis throughout each month during the Term and in accordance with past practices. The seasonal variations in the Monthly Contract Volume and the Delivery Locations may be adjusted by the Parties by written amendment to this Agreement, and the Parties agree to negotiate in good faith any such amendments satisfactory to both Parties acting reasonably. Within 30 days after the beginning of each Contract Year during the Term, the Parties will agree to any adjustments in the Monthly Contract Volumes for any one or more Products, including the effect on the Annual Committed Volume mix for each Product Group that will apply for that Contract Year; provided however, that if the Parties are unable to agree by that date, the volumes set forth herein shall govern. If the Parties agree to changes in the Monthly Contract Volumes for any one or more Products, the Annual Committed Volume for the affected Product Groups will be adjusted accordingly, as will the Home Heat Distillate Volume Allocation, if necessary.

Appears in 1 contract

Samples: Trademark License Agreement (CST Brands, Inc.)

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