Purchase and Sale of the Product. (a) During the Delivery Period, Seller shall sell and deliver, and Buyer shall purchase and receive, the Product as indicated in Table 1.1(b) in the amount of the Monthly Contracted Quantity, as indicated in Exhibit B, subject to and in accordance with the terms and conditions of this Agreement. The Product shall be a Proxy Demand Resource (PDR) consisting entirely of DRAM Resource Customers registered by the Seller (or its DRP).
(b) The Product is: Product Selected Type of Product Local Capacity Area (as applicable) Product A: System Capacity Not applicable Product Selected Type of Product Local Capacity Area (as applicable) Product B-1: Local Capacity with System Capacity LA Basin LCA Substations Product B-2: Local Capacity with System Capacity Big Creek/Ventura LCA Substations Product C1: Flexible Capacity (Flexible Category 1) with System Capacity Not applicable Product C2: Flexible Capacity (Flexible Category 2) with System Capacity Not applicable Product C3: Flexible Capacity (Flexible Category 3) with System Capacity Not applicable Product D1-1: Flexible Capacity (Flexible Category 1) with Local and System Capacity LA Basin LCA Substations Product D1-2: Flexible Capacity (Flexible Category 1) with Local and System Capacity Big Creek/Ventura LCA Substations Product D2-1: Flexible Capacity (Flexible Category 2) with Local and System Capacity LA Basin LCA Substations Product D2-2: Flexible Capacity (Flexible Category 2) with Local and System Capacity Big Creek/Ventura LCA Substations Product Selected Type of Product Local Capacity Area (as applicable) Product D3-1: Flexible Capacity (Flexible Category 3) with Local and System Capacity LA Basin LCA Substations Product D3-2: Flexible Capacity (Flexible Category 3) with Local and System Capacity Big Creek/Ventura LCA Substations
(c) Seller to indicate whether the Product is:
(d) If Seller has chosen to deliver Product that is not Residential Customer Product, its DRAM Resource may nevertheless include Residential Customers and Small Commercial Customers.
Purchase and Sale of the Product. (a) During the Delivery Period, Seller shall sell and deliver, and Buyer shall purchase and receive, the Product as indicated in Table 1.1(b) in the amount of the Monthly Contracted Quantity, as indicated in Exhibit B, subject to and in accordance with the terms and conditions of this Agreement. The Product shall be a Proxy Demand Resource (PDR) consisting entirely of DRAM Resource Customers registered by the Seller (or its DRP).
(b) The Product is: Product Selected Type of Product Local Capacity Area (as applicable) ⬜ Product A: System Capacity Not applicable ⬜ Product B1: Local Capacity with System Capacity Greater Bay ⬜ Product B2: Local Capacity with System Capacity Humboldt ⬜ Product B3: Local Capacity with System Capacity North Coast/North Bay ⬜ Product B4: Local Capacity with System Capacity Sierra ⬜ Product B5: Local Capacity with System Capacity Stockton ⬜ Product B6: Local Capacity with System Capacity Fresno ⬜ Product B7: Local Capacity with System Capacity Xxxx ⬜ Product C1-0: Flexible Capacity (Flexible Category 1) with System Capacity Not applicable Product Selected Type of Product Local Capacity Area (as applicable) ⬜ Product C2-0: Flexible Capacity (Flexible Category 2) with System Capacity Not applicable ⬜ Product C3-0: Flexible Capacity (Flexible Category 3) with System Capacity Not applicable ⬜ Product D1-1: Flexible Capacity (Flexible Category 1) with Local and System Capacity Greater Bay ⬜ Product D1-2: Flexible Capacity (Flexible Category 1) with Local and System Capacity Humboldt ⬜ Product D1-3: Flexible Capacity (Flexible Category 1) with Local and System Capacity North Coast/North Bay ⬜ Product D1-4: Flexible Capacity (Flexible Category 1) with Local and System Capacity Sierra ⬜ Product D1-5: Flexible Capacity (Flexible Category 1) with Local and System Capacity Stockton ⬜ Product D1-6: Flexible Capacity (Flexible Category 1) with Local and System Capacity Fresno ⬜ Product D1-7: Flexible Capacity (Flexible Category 1) with Local and System Capacity Xxxx ⬜ Product D2-1: Flexible Capacity (Flexible Category 2) with Local and System Capacity Greater Bay ⬜ Product D2-2: Flexible Capacity (Flexible Category 2) with Local and System Capacity Humboldt ⬜ Product D2-3: Flexible Capacity (Flexible Category 2) with Local and System Capacity North Coast/North Bay ⬜ Product D2-4: Flexible Capacity (Flexible Category 2) with Local and System Capacity Sierra ⬜ Product D2-5: Flexible Capacity (Flexible Category 2) with Local and System Capacity St...
Purchase and Sale of the Product. During the Delivery Period, Seller shall sell and deliver, and Buyer shall purchase and receive, the Product as indicated in Table 1.1(b) in the amount of the Monthly Contracted Quantity, as indicated in Exhibit E, subject to and in accordance with the terms and conditions of this Agreement. The Product shall be a Proxy Demand Resource (PDR).
Purchase and Sale of the Product. (a) During the Delivery Period, Seller shall sell and deliver, and Buyer shall purchase and receive, the Product(s) as indicated in Table 1.1(b) in the respective amount of the Product Monthly Quantity, as indicated in Exhibit E, subject to and in accordance with the terms and conditions of this Agreement. More than one type of Product from Table 1.1(b) may be indicated. Each type of Product indicated in Table 1.1(b) shall be referred to individually or collectively as “Product” for purposes of this Agreement, as applicable.
(b) The Product is:
Purchase and Sale of the Product. (a) Buyer agrees that, commencing on the date hereof and subject to the terms and conditions of this Agreement, Oil-Dri will be its sole and exclusive supplier of all of its requirements in the United States for the Product during each year of the Term (as defined in Section 2 below). Notwithstanding the foregoing, Buyer may acquire a limited supply of alternate clay litter product to test for internal purposes only (i.e., not to be sold to consumers).
(b) Oil-Dri agrees, subject to the terms and conditions of this Agreement, to supply all of Buyer's requirements for the Product.
(c) The parties acknowledge and agree that this Agreement is intended and shall apply to Buyer's Affiliates (as defined below) and that any reference herein to Buyer refers to Buyer and Buyer's Affiliates as one entity. Buyer will cause Buyer's Affiliates to purchase from Oil-Dri, and Oil-Dri will sell to Buyer's Affiliates, all of the requirements of Buyer's Affiliates for the Product, in accordance with, and subject to, the terms, provisions, restrictions and conditions of this Agreement that are applicable to Buyer's purchase from Oil-Dri, and Oil-Dri's sale to Buyer, of Buyer's requirements for the Product. As used herein, the term "Buyer's Affiliates" shall mean any person or entity, now existing or hereafter organized, created or acquired, that directly or indirectly, controls, is controlled by, or is under common control with, Buyer.
Purchase and Sale of the Product.
(a) During the Delivery Period, Seller shall sell and deliver, and Buyer shall purchase and receive, the Product in the amount of the Monthly Quantity subject to and in accordance with the terms and conditions of this Agreement.
(b) The Product is: If Seller has chosen to deliver Product that is not Residential Customer Product as defined in this Agreement, its PDR(s) may nevertheless include Residential PDR Customers and Small Commercial PDR Customers.
Purchase and Sale of the Product. (a) In accordance with the terms and conditions hereof and throughout the Delivery Period, Seller shall sell and Buyer shall purchase the Product. Seller shall deliver the Product to the Delivery Point, and Buyer shall receive the Product from Seller at the Delivery Point. Unless otherwise provided in this Agreement, in no event shall Seller have the right to procure any element of the Product from sources other than the Facility for sale or delivery to Buyer under this Agreement.
(b) During the Test Period, Seller shall sell and Buyer shall purchase all Test Energy delivered at the Delivery Point.
(c) No later than thirty (30) days after the Commercial Operation Date, Seller will provide Buyer with a production report with the expected Contract Quantity for Contract Year 2. If the amount of expected production in the report is less than ninety-eight percent (98%) of the Contract Year 2 Contract Quantity set forth in Exhibit C, then Seller shall use commercially reasonable efforts to update the design of the Facility if feasible in light of the constraints of the Site and the Interconnection Agreement. No later than thirty (30) days prior to the end of Contract Year 1, Seller shall provide Buyer with an updated production report with the expected Contract Quantity for Year 2 that accounts for any redesign which Seller was able to undertake consistent with the foregoing sentence.
i. In the event, that despite such commercially reasonable efforts by the Seller, the expected Contract Quantity for Contract Year 2 is less than the Contract Quantity for Contract Year 2 set forth in Exhibit C, then Seller may adjust the Contract Quantities described in Exhibit C upon Notice pursuant to Section 16.7 one time during the Term of this Agreement according to the provisions set forth in this Section 2.2(c) (“One-Time Update”). Seller shall submit any One-Time Update to Exhibit C to Buyer. Such proposed updated Exhibit C included in the One-Time Update shall be submitted by October 1 of the second full Contract Year.
ii. If the revised Contract Quantity in the One-Time Update is less than the Contract Quantity for Contract Year 2 set forth in Exhibit C but not less than ninety percent (90%) of such amount, Seller shall pay to Buyer a one-time buy-down payment equal to Fifteen Dollars ($15.00) per MWh that the revised Contract Quantity for Contract Year 2 is below the amount set forth in Exhibit C for Contract Year 2 as of the Effective Date. If the revised Contract Quan...
Purchase and Sale of the Product. 6.01 Subject to and in accordance with the terms and conditions of this Agreement, Producer hereby agrees to sell to the Distributor, and the Distributor agrees to buy from Producer, the Product at a price (the "Purchase Price") which shall be the Producer's landed cost of producing the Product (F.O.B. destination) plus ten percent (10%),
6.02 All prices for the Product referred to herein are payable by the' Distributor to Producer in the currency of Canada.
Purchase and Sale of the Product. During the Delivery Period, Seller shall sell and deliver, and Buyer shall purchase and receive, the Product as indicated in Table 1.1(b) in the amount of the Monthly Contracted Quantity, as indicated in Exhibit B, subject to and in accordance with the terms and conditions of this Agreement. The Product shall be a Proxy Demand Resource (PDR) consisting entirely of DRAM Resource Customers registered by the Seller (or its DRP).
Purchase and Sale of the Product. Subject to the terms and conditions herein set forth, subject to the condition that the Buyer obtains an assignment of the RSA OEM Master Agreement within ten (10) business days of the Effective Date and upon the representations and warranties made herein:
