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 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. Beginning on January 12, 1999, 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 delivered no later than the 12th day of the month following 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 [***] Ounces of Palladium and/or Platinum are to be shipped to each Delivery Point.
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. Buyer shall inform Sellers of its decision to approve or disapprove such source or seam within ten (10) days of receipt of all necessary information and/or completion of any test burn of the coal.
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. Supplier warrants that it has the capacity to supply up to 1.5 million bags in a month, but recognizes that Customer’s bag needs vary from month to month. Supplier will deliver quantities ordered by Customer within 30 days after order placement.
Quantity and Delivery. Time and quantity are of the essence. Delivery must be on the date indicated, if any, and otherwise as requested by Xxxxx. If the Order is identified as a “Blanket” Order or if no delivery schedule is provided, deliveries are to be made only in quantities and at times specified in releases or other instructions from Buyer. Buyer will have no liability for payment of Products delivered to Buyer which are in excess of quantities specified in the Order or in releases and Buyer may return over shipments to Seller at Seller’s expense for all packing, handling, sorting and transportation charges. Buyer may, from time to time, change delivery schedules or direct temporary suspension of scheduled shipments.
Quantity and Delivery. Beginning on April 1, 2001, SMC will sell and deliver Metal FOB the Destination, and MIC will purchase the quantities of Metal set forth in this Section 3, which shall be released to the Destination on the last Business Day of the Pricing Month. At least three (3) Business Days prior to such last Business Day of the Pricing Month, SMC shall notify JM USA that JM USA is to ship such Metal to Narita Airport, Japan on such last Business Day of the Pricing Month, and SMC shall pay JM USA for the cost of such shipping, including insurance thereon (with MIC indicated as the loss payee on such insurance policies)."
(xiii) Section 3 of the Agreement shall be amended by deleting subsection (a) thereof in its entirety and by substituting the following therefor: