Purchase Volumes. Beginning with the month of the Commencement Date, Chevron shall sell and Deliver to HECO and HECO shall purchase and receive from Chevron, LSFO at a reasonably uniform rate during each month. This monthly volume shall equate to an average daily rate in physical barrels per day which is no less than the minimum nor more than the maximum set out in Exhibit B (Volume Band).
(A) If the parties agree in writing at the time, Chevron will sell and Deliver and HECO shall purchase and receive Additional Volume.
Purchase Volumes. During each Year that this Contract is in effect, Seller shall sell and Deliver to the Companies, and the Companies shall purchase and receive from Seller:
(a) […]
(b) […] […] […] The volumes set forth herein shall apply for the Term of this Contract, and the annual volumes of Fuel to be sold and Delivered by Seller and to be Nominated, purchased and received by the Companies during the Term of this Contract shall remain as stated herein unless otherwise mutually agreed to in writing. Subject to availability and mutual agreement of the Parties, Seller will sell and Deliver and the Companies shall purchase and receive such additional volumes in excess of the maximum volumes set forth above for IFO and ULSD.
Purchase Volumes. Subject to the terms of this Agreement including but not limited to Sections 4.4, 4.7 and 6.2 hereof and as of the Commencement Date and subject to Nordion’s ability to supply Product to LMI meeting the requirements of this Agreement and acceptance by Nordion of LMI’s Firm Orders sufficient to meet LMI’s **** purchase volume commitments in this Section 3.4:
3.4.1. during the portion of the Contract Term when HFR Petten reactor is shut down and unable to produce Molybdenum- 99 (the “HFR Shutdown Period”), LMI hereby commits to purchase from Nordion **** to **** **** of Product (****-day ****) per **** during the HFR Shutdown Period, and
3.4.2. during the portion of the Contract Term after the HFR Shutdown Period and return to service, which date shall be acknowledged by the parties in writing, LMI hereby commits to purchase from Nordion **** to **** **** of Product (****-day ****) per ****.
Purchase Volumes. The Service is provided to Client according to the Purchased Volumes and any other limitations set forth in the Order Form. Client shall limit use of and access to the Service to the Purchased Volumes in the Order Form or any amendment thereto as provided for in Section 10.2 herein. Client may increase the Purchased Volumes at any time during the term of the Agreement. If Client is unable to comply with the applicable Purchased Volumes, Client will execute an Order Form for additional quantities promptly upon request from METER.
Purchase Volumes. During each Year of the Original Term, SELLER shall sell and Deliver to HECO, and HECO shall Nominate, purchase and receive from SELLER, Product at reasonably uniform Monthly rates, (with pipeline deliveries to be ratable with each Month and Marine Deliveries to be ratable based upon cargo sizes, all in accordance with the Delivery provisions of Article VI (Delivery)) within the minimum and maximum volumes as set forth below:
(a) [ - - - ].
(1) During each of Years 2013 and through December 31, 2014, HECO shall Nominate, purchase and receive, and SELLER shall sell and Deliver, an average daily number of Barrels of Product within the minimum and maximum ranges set forth in the following table multiplied by the number of days in such month. [ - - - ] 2013 [ - - - ] [ - - - ] 2014 [ - - - ] [ - - - ] Extensions from 2015 and beyond: [ - - - ] [ - - - ]
(2) During each of Years 2013 and through December 31, 2014, HECO shall Nominate, purchase and receive, and SELLER shall sell and Deliver, an aggregate number of Barrels of Product within the minimum and maximum annual volume ranges set forth in the following table. [ - - - ] 2013 [ - - - ] [ - - - ] 2014 [ - - - ] [ - - - ] Extensions from 2015 and beyond: [ - - - ] [ - - - ] ** [ - - - ] Annual Volumes are determined by the following formulas: · Minimum = # days from Effective Date to December 31, 2013 x [ - - - ] Barrels Per Day. · Maximum = # days from Effective Date to December 31, 2013 x [ - - - ] Barrels Per Day.
(3) Unless mutually agreed otherwise in writing, the minimum and maximum [ - - - ] volumes of Product to be sold and Delivered by SELLER and to be Nominated, purchased and received by HECO during any Additional Term shall be determined by multiplying the Days within that Additional Term by the Average Daily and Minimum and Maximum [ - - - ] rates for 2014, and the volumes shall be delivered ratably during such period, as during the Original Term.
(4) Except as otherwise expressly provided herein, the minimum and maximum [ - - - ] volumes to be Nominated, sold, Delivered, purchased and received during each Month shall be determined by multiplying the days of the Month by [ - - - ] Barrels per Day for the minimum and [ - - - ] Barrels per Day for the maximum.
(b) [ - - - ]. Volumes Nominated and Delivered in excess of the Maximum Monthly [ - - - ] Daily Rate, up to the maximum amounts stated below, are referred to herein as [ - - - ] volumes. Subject to [ - - - ], SELLER may sell and Deliver and H...
Purchase Volumes. The purchase volume obligations set forth in this Section 3.4 are subject to the terms of this Agreement, including, but not limited to, Sections 4.4, 4.7 and 6.2, and subject to Nordion’s ability to supply Product to LMI meeting the requirements of this Agreement and acceptance by Nordion of LMI’s Firm Orders sufficient to meet LMI’s purchase volume commitments in this Section 3.4.
3.4.1. During the portion of the Contract Term from and after **** until ****, LMI hereby commits to purchase from Nordion an average Calendar Week volume of **** Ci of Product (such determination shall be based on the calibration as set forth in Schedule C) as averaged over each separate but successive period of **** Calendar Weeks (each a “****-Week Period”) (with a pro-rata adjustment as applicable for any portion of a ****-Week Period occurring as at ****). Compliance with LMI’s average purchase volume commitments will be calculated by the parties as of the end of each aforementioned successive ****-Week Period. Nordion shall invoice LMI for any necessary true-up payments within **** (****) days of the end of each successive ****-Week Period.
3.4.2. In addition, commencing as of **** and continuing through ****, LMI shall place additional Product orders with Nordion corresponding to at least **** of LMI’s “incremental volume” requirements of Molybdenum-99 in each successive ****-Week Period (with a pro-rata adjustment as applicable for any portion of a ****Week Period occurring as at ****), and Nordion shall fill such incremental volume orders, provided that such purchase obligation shall only apply in those Calendar Weeks to the extent to which Nordion is able to satisfy such additional LMI purchase volume obligations. For purposes of clarity, “incremental volume” shall mean any and all of LMI’s Calendar Week requirements for Molybdenum-99 in excess of the sum of (i) LMI’s minimum purchase volume commitment of **** Ci per Calendar Week of Product from Nordion (such determination shall be based on the calibration as set forth in Schedule C) plus (ii) LMI’s Calendar Week purchase volume contractual commitments in writing for Molybdenum-99 from its other suppliers which existed on **** (such determination shall be based on the calibration as set forth in Schedule C). Such purchase volume contractual commitments shall remain fixed for purposes of calculating LMI’s allocation of “incremental volume” from and after ****.
3.4.3. (i) Commencing as of **** and continuing through **...
Purchase Volumes. For the remainder of the Term, during each Year that this Contract is in effect, SELLER shall sell and Deliver to the Companies, and the Companies shall purchase and receive from SELLER, all Tier 1 LSFO, HSFO, Diesel, and/or ULSD that may be required by the Companies on the islands of Oahu, Hawaii, Maui and Molokai following the notifications and coordination as outlined in Article VI. The Companies shall take commercially reasonable steps to receive Product ratably.
(a) […] Volumes. SELLER shall sell and Deliver to Hawaiian Electric, and Hawaiian Electric shall purchase and receive from SELLER, […] pursuant to the following […] structure:
1. […]. SELLER shall have a supply obligation to provide […] measured […] which will be met through (i) […], and/or ii) […], as coordinated with Hawaiian Electric pursuant to the […] process set forth in Section 6.1 ([…]) and Section 6.2 ([…]). Such amounts are […];
2. […]. […], SELLER shall have a supply obligation to provide […], as coordinated with Hawaiian Electric pursuant to the […] set forth in Section 6.1 ([…]) and Section 6.2 ([…]). Such amounts are […]. Notwithstanding the foregoing, Hawaiian Electric may, at its sole discretion, […].
3. If Hawaiian Electric […], Hawaiian Electric shall […]. SELLER shall make available to Hawaiian Electric […].
(b) […]. If, prior to the […], as set forth in Section 6.1 ([…]) of the Contract, SELLER declares […] of at least […] Days during the period in which […], then Hawaiian Electric shall […], in accordance with […]; provided, however, that if both parties agree Hawaii Electric may […]. SELLER hereby notifies Hawaiian Electric […], and Hawaiian Electric acknowledges that the […].
3. […]. A new Section 5.4 ([…]) is added to the Contract as follows:
Purchase Volumes. During each Year that this Contract is in effect, SELLER shall sell and Deliver to the Companies, and the Companies shall purchase and receive from SELLER, IFO, Diesel, LSD and/or ULSD in delivery volumes as specified in Attachment A per Company site. 2022 0 TBD The volumes for 2022 shall apply for each Year of any Extension, and the annual volumes of IFO, Diesel, LSD and/or ULSD to be sold and Delivered by SELLER and to be Nominated, purchased and received by the Companies during each Year of any Extension shall remain at the 2022 volumes unless otherwise mutually agreed to in writing. Subject to availability, SELLER will sell and Deliver and the Companies shall purchase and receive such additional volumes as are mutually agreed.
Purchase Volumes. During each Year that this Contract is in effect, SELLER shall sell and Deliver to the Companies, and the Companies shall purchase and receive from SELLER, all LSFO, HSFO, Diesel, and/or ULSD that may be required by the Companies on the islands of O‘ahu, Hawai‘i, Maui, and Moloka‘i following the notifications and coordination as outlined in Article VI. The Companies shall take commercially reasonable steps to receive Product ratably.
Purchase Volumes. During each Year that this Agreement is in effect, Seller shall sell and Deliver to the Companies, and the Companies shall purchase and receive from Seller, the Product in delivery volumes as specified in Attachment A (Purchase Volumes) of this Agreement which is incorporated herein by reference. 2025 0 TBD 2026 0 TBD The volumes for 2026 shall apply for each Year of any Extension, and the annual volumes of the Product to be sold and Delivered by Seller and to be Nominated, purchased and received by the Companies during each Year of any Extension shall remain at the 2026 volumes unless otherwise mutually agreed to in writing. Subject to availability, Seller will sell and Deliver and the Companies will purchase and receive such additional volumes as are mutually agreed by the Parties.
