Quantity and Delivery. (a) The quantity of milk solids to be supplied to the Company during the Supply Period is specified in Appendix 5.
(b) The quantity of milk solids to be supplied by the Supplier to the Company for any Supply Period shall be mutually agreed in good faith by the parties in writing no later than 14 days before the start of that Supply Period and the agreed quantity of milk solids for the Supply Period will be included in a replacement of Appendix 5.
(c) The Parties agree that delivery of the agreed quantities of milk solids shall commence on 1 July 2023 and complete delivery on or before 30 June 2026.
(d) Supplier agrees that supply of the agreed quantities of milk solids for any supply period shall take place spread over a minimum 300 days lactation period (prorated where applicable) or the average of previous 5 season lactations if less than 300 days.
(e) If, for any reason (including such as the Supplier supplying an alternative milk processor), the Supplier considers that it is unable to supply the Company with the agreed quantity of milk solids each month as per Appendix 5, the Supplier must give the Company 30 days written notice of changes in the Supplier's ability to supply the Company with the agreed quantity of milk solids for the month(s).
(f) The Company will provide the Supplier with the reports specified in the Manual in respect of quantity and delivery of milk supplied, including relevant volume accuracy assurance.
(g) The parties agree to keep all records and audits as required by the Manual in respect of quantity and delivery.
(h) The Supplier acknowledges that it has an ongoing obligation to supply the Company on an exclusive basis with the agreed quantity of milk solids each Season during the term of the Agreement (and any extension of the Agreement). During the term of this Agreement, the Supplier agrees to not supply any milk solids to any third party without the Company’s prior written consent. The parties agree that failure to supply the agreed quantity of milk solids under paragraphs (a), (b) and (c) above, or a contravention by the Supplier under this sub-clause (h), is a material breach.
Quantity and Delivery. Beginning on January 4, 1999, SMC --------------------- will sell and deliver Metal FOB Delivery Point, to be credited to Ford's pool account, and Ford will purchase the quantities of Metal set forth in this Section 3, which shall be delivered no later than the third Business Day of the month following the Pricing Month.
Quantity and Delivery. Beginning on February, 2001, SMC will sell and deliver Metal FOB Delivery Point, to be credited to GM's pool account, and GM will purchase the quantities of Metal set forth in this Section 3, which shall be released to the Delivery Point on the last Business Day of the Pricing Month. All Metal to be sold in any one calendar month shall be delivered to a single Delivery Point unless GM has notified SMC by the 20th Business Day of the Pricing Month that GM has elected to have the monthly shipment split and delivered to more than one Delivery Point; provided that SMC shall not be obligated to split a shipment unless at least 5,000 Ounces of Palladium and/or Platinum are to be shipped to each Delivery Point."
(iii) Section 3 of the Agreement shall be amended by deleting subsection (c) thereof in its entirety and by substituting the following therefor:
Quantity and Delivery. Beginning on January 20, 2011, SMC will sell and deliver Metal FOB Delivery Point, to be credited to Ford’s pool account, and Ford will purchase the following quantities of Metal each month, which will be released to the Delivery Point on or before the Delivery Date:
Quantity and Delivery. (a) Except as provided in Paragraph 8.0, Force Majeure, deliveries of coal under this Agreement commencing on July 1, 1996 and thereafter shall be as follows: YEAR TOTAL TONNAGE ---- ------------- July thru December, 1996 1,375,000 tons 1997 and thereafter through 2006 2,750,000 tons per year TOTAL 28,875,000 tons Buyer and Sellers understand and agree that the tonnages set forth above are annual commitments and that Buyer and Sellers shall schedule, ship and accept shipments each calendar month as necessary to insure that such annual contract commitments are satisfied each calendar year, subject to the provisions of Paragraph 8.0, Force Majeure. Monthly shipping schedules will, where possible, be adjusted to reflect Sellers' planned vacation period and Buyer's planned maintenance outages.
(1) On or prior to December 1 of each calendar year during the term hereof, Sellers shall provide Buyer with a tentative schedule of monthly coal shipments during the ensuing calendar year. Buyer shall promptly review this schedule and notify Sellers of any modifications within ten (10) business days of receipt. Buyer and Sellers shall then agree on the tentative monthly shipping schedule for the ensuing calendar year on or prior to December 20.
(2) Buyer shall specify to Sellers on or prior to the twenty-fifth day of each calendar month during the term hereof the dates and destinations for shipments to be made hereunder in the next succeeding calendar month; provided, however, that Buyer reserves the right to change the destination of such shipments at any time.
(b) The term "ton" as used herein shall mean a net ton of two thousand pounds, avoirdupois weight.
Quantity and Delivery. 2.1 Buyex xxxees to take and pay for and Sellxx xxxees to sell and deliver the quantity of gas set forth in each Natural Gas Sales Agreement, (attached hereto as Exhibit "A"), entered into pursuant to these General Terms and Conditions.
2.2 Seller represents that its interest in and to such supply of natural gas is not and will not be subject to any commitment by Seller in conflict with this contract.
2.3 The parties agree to use their best efforts to receive and deliver gas purchased under each Sales Agreement at a relatively constant daily rate. Buyer shall promptly notify Seller of any change in its rate of receipts and Seller shall promptly notify Buyer of any change in its rate of delivery. 2 GENERAL TERMS & CONDITIONS PAGE 2 OF 5 UES-MGPC NATURAL GAS SALE APRIL 1, 1996 -------------------------------------------------------------------------------- Immediately hereunder is dispatching information applicable to both Buyer and Seller. Any change in such information by either party shall be promptly reported to the other party under the terms of Section 7.5 herein. SELLER: BUYER: MICHXXX XXX XXXDUCING COMPANY UPSTREAM ENERGY SERVICES, L.L.C. Main Number: (713)000-0000 Main Number: (713)000-0000 Telecopier (Fax): (713) 000-0000 Telecopier (Fax): (713)000-0000 Dispatch Contact: Dougxxx X. Xxxxx Dispatch Contact: Jean Xxxxx
0.4 Seller shall be responsible for all costs incurred and fuel assessed for the gathering and transportation of the gas to be sold under each Sales Agreement at and to the point(s) of delivery specified in each Sales Agreement, and Buyer shall be responsible for all costs incurred and fuel assessed for the transportation of the gas beyond the point(s) of delivery.
Quantity and Delivery. 3.1 Company shall notify Customer of its nomination(s), from time to time, with prior notice of at least twenty-four (24) hours and/or within the Transporter's pipeline's deadline date for making changes in nominations to be effective the next Day at 7:00 a.m. Customer shall be responsible for compliance with the effective nominations given within the Transporter's pipeline's deadline date for changes.
Quantity and Delivery. 3.1. Each Order will specify the quantity of the Products, the delivery date, and the delivery location. Sagrad confirmation of the PO delivery schedule is shown in Appendix A.
Quantity and Delivery. A. On January 1st and July 1st of each calendar year, AMP will provide Seller with a forecast of its requirements for Products from Seller for both direct purchases by AMP and purchases of fiber optic cable by AMP from third parties for the following 2 calendar years. AMP can increase its forecast by 25% at any time by providing Seller with 1 year's prior written notice, and Seller will obtain or maintain the capacity to meet such additional forecasted amounts. Any quantity so forecasted by AMP are good faith estimates only.
B. If Seller has capacity to manufacture glass optical fiber that is not already being used to meet AMP's forecasted requirements for both direct purchases by AMP and purchases of fiber optic cable by AMP from third parties or to meet the requirements of another customer of Seller (i.e., additional capacity), then Seller will make such capacity available to AMP if requested by AMP in writing.
C. AMP is Seller's preferred customer. In the event that demand for Products by Seller's customers exceeds Seller's ability to meet such demand, Seller will first meet AMP's Purchase Orders (as described in Section IV.E.), and AMP's forecasted requirements (as described in Section IV.A.), subject to Seller's rights to contract with other customers to supply products using capacity not otherwise committed to or reserved for AMP under this Agreement.
D. Except for 1996, AMP intends to purchase at least 50% of its global requirements for glass optical fiber during the initial term from Seller, either via direct purchases by Purchase Orders or via purchases of fiber optic cable by AMP from third parties; subject, however, to Seller substantially meeting all of its material obligations under this Agreement, including, but not limited to, Seller's pricing, delivery, quality and intellectual property obligations; and further subject to the willingness of customers of AMP to purchase products containing glass optical fiber from Seller. Beginning on July 1, 1997, on January 1st and July 1st of each calendar year, AMP will provide Seller with a report describing AMP's total purchases of glass optical fiber from all suppliers during the previous 6 months. Subject to Seller substantially meeting all of its material obligations under this Agreement, including, but not limited to, Seller's pricing, delivery, quality and intellectual property obligations, and further subject to the willingness of customers of AMP to purchase products containing glass optical fib...
Quantity and Delivery. Beginning from April 1, 2001, on the last Business Day of each Pricing Month, SMC will cause its refinery, Johnson Matthey, Inc. ("JM USA") either to ship thx xxxxxaxx Xxxxl to Narita Airport, Japan on behalf of MIC or to release the relevant Metal to the account of MIC at JM USA. MIC shall notify SMC no later than seven (7) Business Days prior to the last Business Day of the applicable Pricing Month whether the Metal is to be shipped to Japan or released to MIC's account at JM USA as provided for hereinabove. The Quantity of Metal to be delivered hereunder shall be determined in accordance with the procedures set forth in the following subsections (a) through (d) of this Section 3:"
(iii) Section 7 of the Agreement shall be amended in full to read as follows:
