Quantity Adjustment. (a) The Parties acknowledge that Seller has additional capacity to produce up to an additional 500,000 tons/Agreement Year of Wet Sand beyond that provided in Section 5.2.1(d). To the extent (i) Seller has not entered into third party agreements to sell such capacity, (ii) Seller has not used such capacity by exercising its rights under the Dry Sand Tolling Agreement to cause SSS to process such Wet Sand for Seller’s own use, (iii) Seller is not entitled to use such capacity in the remainder of the Agreement Year to cause SSS to process under the Dry Sand Tolling Agreement such Wet Sand for Seller’s own use, or (iv) SSS has not already used such excess capacity, then SSS shall have the right to access that excess capacity by increasing the Monthly Contract Quantity by one-twelfth of such unused SSS production capacity.
(b) Notwithstanding Section 5.2.1(d), the Annual Contract Quantity applicable for an Agreement Year ‘y’ shall be increased to the extent of the aggregate amount of Wet Sand, stated in tons, taken by SSS and delivered by Seller pursuant to an increase in the Monthly Contract Quantity in accordance with Section 5.2.2(a) during Agreement Year ‘y’.
(c) At the start of each Agreement Month, SSS shall determine the amount by which the Monthly Contract Quantity is to be increased pursuant to Section 5.2.2(a) and shall provide notice thereof (together with calculations if so requested) to Seller.
Quantity Adjustment. Ethanol Producer may adjust the Base Monthly Quantity pursuant to Section 2.2(b). Lansing will cooperate with Ethanol Producer to adjust Ethanol shipments at the Facility on a day-to-day basis as well. Should market or operational circumstances cause Ethanol Producer to adjust the Base Monthly Quantity, Lansing will use commercially reasonable efforts to work with Ethanol Producer to ensure the proper Ethanol shipments are made from the Facility.
Quantity Adjustment. If, during the term of this Agreement, Seller’s terms and conditions for Products of like quality (i.e., comparable properties, consistency and performance) are no longer competitive, in whole or in part, Buyer may notify Seller. Within a reasonable period after notice, the parties shall enter into good faith negotiations regarding Buyer’s proposed changes in the terms and conditions of the contract. In the event the negotiations do not result in a mutually acceptable resolution, Buyer shall have the right to reduce the contractual quantity of Product by the amount of the affected Product at issue. INVOICING AND [**] In North America, Europe and Singapore, EMCC/A will invoice WPS/A at [**] on all purchases subject to [**] as outlined above.
Quantity Adjustment. Lansing will cooperate with Ethanol Producer to adjust Ethanol shipments at the Facility on a day-to-day basis. Should market or operational circumstances cause Ethanol Producer to adjust the Base Monthly Quantity, Lansing will use commercially reasonable efforts to work with Ethanol Producer to ensure the proper Ethanol shipments are made from the Facility.
Quantity Adjustment. The quantity of the specified Fujitsu ScanSnap Scanner in Exhibit A is currently listed as 20 at a cost of $421.00 per Scanner for a total cost of $8,420.00. The quantity of the specified Fujitsu ScanSnap Scanner in Exhibit A is hereby increased to a total quantity of 148 at a cost of $421.00 per Scanner for a total cost of $62,308.00.
Quantity Adjustment. Ethanol Producer may adjust the Base Monthly Quantity pursuant to Section 2.2(b). Lansing will cooperate with Ethanol Producer to adjust Ethanol shipments at the Facility on a day-to-day basis as well. Should market or operational circumstances cause Ethanol Producer to adjust the Base Monthly Quantity, Lansing will use commercially reasonable efforts to work with Ethanol Producer to ensure the proper Ethanol shipments are made from the Facility.
(a) During the term of this Agreement, Lansing will not, directly or indirectly, without the written consent of Ethanol Producer, enter into any formal services agreement or arrangement relating to ethanol merchandising activities similar to those provided under this Agreement with any ethanol producer that is located *.
(b) If a final judicial determination is made that any provision of this Section 5.6 is an unenforceable, invalid or illegal restriction against Lansing, then such provision will be rendered void only in the jurisdiction and only in the manner the judicial determination finds such provision unenforceable, invalid or illegal. The enforceability, validity, and legality of the remainder of this Agreement will not be affected by any such determination. Section 5.6(a) may be modified and reconstituted by a court as necessary to render it enforceable, valid or legal. *OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT WHICH HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Quantity Adjustment. (a) In the event of an extraordinary event such as fire damage, insect infestation or similar event, in which Supplier believes it appropriate to increase its harvest of timber to avoid loss or degradation of timber, Supplier may increase the Quantity of logs to be delivered in a Contract Year by up to twenty-five percent (25%) of the Quantity specified in Section 2.1 (the “Excess Quantity”). If Supplier, pursuant to this Section 2.3, delivers an Excess Quantity of logs in a Contract Year, Supplier may (but shall not be required to) reduce the Quantity of logs to be delivered in a subsequent Contract Year by the amount of the Excess Quantity.
(b) At least six (6) months prior to the second anniversary of the Effective Date, the parties shall meet to negotiate in good faith an upward adjustment in the Quantity of logs to be supplied in Contract Year 3.
