Common use of Scheduling Protocol and Instructions Clause in Contracts

Scheduling Protocol and Instructions. Prior to commencement of construction of the Facility or at such time as otherwise reasonably requested by Fulcrum, the Parties shall cooperate to prepare and mutually agree upon a scheduling protocol (the “Scheduling Protocol”) setting forth: (i) details and procedures by which Fulcrum shall issue (and WCC shall confirm) written instructions on a monthly, weekly and daily basis (“Instructions”) specifying quantities of Feedstock to be delivered by WCC at the Delivery Point and accepted by Fulcrum on a seven Day per Week basis, (ii) the insurance coverages that each Party shall carry during the remaining term of this Agreement and the terms and conditions thereof, (iii) information regarding delivery of notices to each Party regarding operational and scheduling matters, (iv) WCC’s obligations related to setting aside large or bulky items from the Feedstock for separate delivery to Fulcrum, and (v) other related provisions agreed by the Parties, including provisions necessary to expand on and provide additional details related to the provisions more generally described in this Article II. The Scheduling Protocol shall be prepared in a manner designed to assure (x) a consistent supply of WCC’s Feedstock to the Facility, taking into account the staging and loading procedures and storage capacity at WCC’s Site and the Facility, (y) compliance with WCC’s Site and Facility operating permits and similar authorizations and (z) consistency with WCC’s actual operations relating to the collection, storage, processing and transportation of Feedstock. Instructions applicable to any individual Day shall not (without the consent of WCC) be for more than the Maximum Deliverable Quantity.