SUPPLIER'S SHIPPING OBLIGATIONS. (a) The Supplier shall supply to the Purchaser, in accordance with the terms hereof, in each month, such quantity of Metal as is identified by the Purchaser in respect of such calendar month in the Firm Order for such month delivered by the Purchaser in accordance with Section 2.7(b)(i). (b) Notwithstanding the provisions of Incoterms 2000 and Section 2.13, the Supplier acknowledges its responsibility to make all necessary arrangements for the transportation of Metal to the Delivery Site on behalf of the Purchaser. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. The Supplier shall act as the disclosed agent of the Purchaser in entering into contracts for hiring carriers for the shipment of Metal under this Agreement. In doing this, the Supplier shall use Commercially Reasonable Efforts to obtain competitive freight rates and shall obtain approval from the Purchaser before entering into any long term contracts for hiring carriers on behalf of the Purchaser. The Supplier shall use Commercially Reasonable Efforts to ensure that such transportation is suitable for delivering the Metal to the Delivery Site. (c) The Supplier undertakes to maintain the same practices and levels of service in respect of shipments of Metal hereunder consistent with its past and current practices. The Supplier undertakes to ensure that any shipments of Metal supplied hereunder: (i) to the Purchaser's facilities at Oswego Plant, Oswego, New York, shall be made by rail to an intermediate point (which may be Brockville, Ontario), with onward shipment to such Delivery Site by truck; and (ii) to the Purchaser's facilities at the Logan Aluminum Plant, Russelville, Kentuckx, xxe made by either rail or truck, at the Supplier's option. (d) Matters regarding shipment and delivery performance hereunder shall be governed by the provisions of SCHEDULE 4.
Appears in 1 contract
SUPPLIER'S SHIPPING OBLIGATIONS. (a) The Supplier shall supply to the Purchaser, in accordance with the terms hereof, in each month, such quantity of Metal as is identified by the Purchaser in respect of such calendar month in the Firm Order for such month delivered by the Purchaser in accordance with Section 2.7(b)(i). ---------- *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(b) Notwithstanding the provisions of Incoterms 2000 and Section 2.13, the Supplier acknowledges its responsibility to make all necessary arrangements for the transportation of Metal to the Delivery Site on behalf of the Purchaser. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. The Supplier shall act as the disclosed agent of the Purchaser in entering into contracts for hiring carriers for the shipment of Metal under this Agreement. In doing this, the Supplier shall use Commercially Reasonable Efforts to obtain competitive freight rates and shall obtain approval from consult with the Purchaser before entering into any long term contracts for hiring carriers on behalf of the Purchaser. The Supplier shall use Commercially Reasonable Efforts to ensure that such transportation is suitable for delivering the Metal to the Delivery Site.
(c) The Supplier undertakes to maintain the same practices and levels of service in respect of shipments of Metal hereunder consistent with its past and current practices. The Supplier undertakes to ensure that any shipments of Metal supplied hereunder:
(i) to the Purchaser's facilities at Oswego Plant, Oswego, New York, shall may be made by rail to an intermediate point (which may be Brockville, Ontario), with onward shipment to such Delivery Site by truck; and
(ii) to the Purchaser's facilities at the Logan Aluminum Plant, RusselvilleRussellville, KentuckxKentucky, xxe made by may maxx xx either rail or truck, at the Supplier's optiontruck in accordance with current practice. Changes to current practice require mutual agreement.
(d) Matters regarding shipment and delivery performance hereunder shall be governed by the provisions of SCHEDULE 4.
Appears in 1 contract
SUPPLIER'S SHIPPING OBLIGATIONS. (a) The Supplier shall supply to the Purchaser, in accordance with the terms hereof, in each month, such quantity of Metal Aluminum as is identified by the Purchaser in respect of such calendar month in the Firm Order Monthly Requirement Schedule for such month delivered by the Purchaser in accordance with Section 2.7(b)(i).
(b) Notwithstanding the provisions of Incoterms 2000 and Section 2.13, the Supplier acknowledges its responsibility to make all necessary arrangements for the transportation of Metal to the Delivery Site on behalf of the Purchaser2.4. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(b) Notwithstanding the provisions of Incoterms 2000 and Section 2.10, the Supplier acknowledges its responsibility to make all necessary arrangements for the shipment and the transportation of Aluminum to the Delivery Site on behalf of the Purchaser. The Supplier shall act as the disclosed agent of the Purchaser in entering into contracts for hiring carriers for the shipment of Metal Aluminum under this Agreement. In doing this, the Supplier shall use Commercially Reasonable Efforts to obtain competitive freight rates and shall obtain approval from consult with the Purchaser before entering into any long term contracts for hiring carriers on behalf of the Purchaser. The Supplier shall use Commercially Reasonable Efforts to ensure that such transportation is suitable for delivering the Metal Aluminum to the Delivery Site.
(c) The Supplier undertakes to maintain the same practices and levels of service in respect of shipments of Metal Aluminum hereunder as are consistent with its past and current practices. The Supplier undertakes to ensure that any shipments shipment of Metal Aluminum supplied hereunder:
(i) to the Purchaser's facilities at Oswego Plant, Oswego, New York, shall be made by rail to an intermediate point (which may be Brockville, Ontario), with onward shipment to such Delivery Site by truck; and
(ii) to the Purchaser's ’s facilities at the Logan Xxxxx Aluminum Plant, Russelville, KentuckxKentucky, xxe are made by either rail or truck, at the Supplier's ’s option.; and
(dii) Matters regarding to the Purchaser’s other Delivery Sites, are made by rail, truck or other means of transport, at the option of the Supplier; provided that shipment and delivery performance hereunder by barge to the Delivery Site at Oswego, New York, shall require the prior written consent of the Purchaser, which consent shall not be governed by the provisions of SCHEDULE 4unreasonably withheld.
Appears in 1 contract
SUPPLIER'S SHIPPING OBLIGATIONS. (a) The Supplier shall supply to the Purchaser, and the Purchaser shall purchase from the Supplier, in accordance with the terms hereof, in each month, such quantity of Metal as is identified by the Purchaser in respect of such calendar month in the Firm Order for such month delivered by the Purchaser in accordance with Section 2.7(b)(i)2.4 ; provided that during each calendar month the Purchaser, by notice to the Supplier, may vary the quantity of Metal to be purchased in such month to a quantity of Metal between ***% and ***% of the quantity of Metal identified in the Order for such calendar month, subject to meeting the requirements of Section 2.4(i) relative to minimum and maximum monthly quantities and of Section 2.3(b) relative to the Annual Base Quantity.
(b) Notwithstanding the provisions of Incoterms 2000 and Section 2.132.9, the Supplier acknowledges its responsibility to make all necessary arrangements for the shipment and insurance for the transportation of Metal to the Delivery Site on behalf of the Purchaser unless purchaser decides to arrange and pay for the freight. The Supplier shall act as the disclosed agent of the Purchaser in entering into contracts for hiring carriers and obtaining insurance for the shipment of Metal under this Agreement. In doing this, the Supplier shall use Commercially Reasonable Efforts to obtain competitive freight and insurance rates and shall consult with the Purchaser before entering into any long term contracts for hiring carriers or obtaining insurance on behalf of the Purchaser. The Supplier shall use Commercially Reasonable Efforts to ensure that such transportation is suitable for delivering the Metal to the Delivery Site and complies with insurance requirements.
(c) Matters regarding shipment and delivery performance hereunder shall be governed by the provisions of Schedule 4. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. The Supplier shall act as the disclosed agent of the Purchaser in entering into contracts for hiring carriers for the shipment of Metal under this Agreement. In doing this, the Supplier shall use Commercially Reasonable Efforts to obtain competitive freight rates and shall obtain approval from the Purchaser before entering into any long term contracts for hiring carriers on behalf of the Purchaser. The Supplier shall use Commercially Reasonable Efforts to ensure that such transportation is suitable for delivering the Metal to the Delivery Site.
(c) The Supplier undertakes to maintain the same practices and levels of service in respect of shipments of Metal hereunder consistent with its past and current practices. The Supplier undertakes to ensure that any shipments of Metal supplied hereunder:
(i) to the Purchaser's facilities at Oswego Plant, Oswego, New York, shall be made by rail to an intermediate point (which may be Brockville, Ontario), with onward shipment to such Delivery Site by truck; and
(ii) to the Purchaser's facilities at the Logan Aluminum Plant, Russelville, Kentuckx, xxe made by either rail or truck, at the Supplier's option.
(d) Matters regarding shipment and delivery performance hereunder shall be governed by the provisions of SCHEDULE 4.
Appears in 1 contract
SUPPLIER'S SHIPPING OBLIGATIONS. (a) The Supplier shall supply to the Purchaser, and the Purchaser shall purchase from the Supplier, in accordance with the terms hereof, in each month, such quantity of Metal as is identified by the Purchaser in respect of such calendar month in the Firm Order for such month delivered by the Purchaser in accordance with Section 2.7(b)(i).
(b) Notwithstanding 2.4 ;provided that during each calendar month the provisions of Incoterms 2000 and Section 2.13Purchaser, by notice to the Supplier acknowledges its responsibility to make all necessary arrangements for Supplier, may vary the transportation quantity of Metal to the Delivery Site on behalf be purchased in such month to a quantity of the Purchaser. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Metal between ***% and ***% of the quantity of Metal identified in the Order for such calendar month, subject to meeting the requirements of Section 2.4(i) relative to minimum and maximum monthly quantities and of Section 2.3(b) relative to the Annual Base Quantity.
(b) Notwithstanding the provisions of Incoterms 2000 and Section 2.9, the Supplier acknowledges its responsibility to make all necessary arrangements for the transportation of Metal to the Delivery Site on behalf of the Purchaser. The Supplier shall act as the disclosed agent of the Purchaser in entering into contracts for hiring carriers for the shipment of Metal under this Agreement. In doing this, the Supplier shall use Commercially Reasonable Efforts to obtain competitive freight rates and shall obtain approval from consult with the Purchaser before entering into any long term contracts for hiring carriers on behalf of the Purchaser. The Supplier shall use Commercially Reasonable Efforts to ensure that such transportation is suitable for delivering the Metal to the Delivery Site.
(c) The Supplier undertakes to maintain the same practices and levels of service in respect of shipments of Metal hereunder consistent with its past and current practices. The Supplier undertakes to ensure that any shipments of Metal supplied hereunder:
(i) to the Purchaser's ’s facilities at Oswego Plant, Oswego, New York, shall may be made by rail to an intermediate point (which may be Brockville, Ontario), with onward shipment to such Delivery Site by truck; and
(ii) to the Purchaser's ’s facilities at the Logan Xxxxx Aluminum Plant, RusselvilleRussellville, KentuckxKentucky, xxe may made by either rail or truck, at the Supplier's optiontruck in accordance with current practice. Changes to current practice require mutual agreement.
(d) Matters regarding shipment and delivery performance hereunder shall be governed by the provisions of SCHEDULE 4Schedule 3.
Appears in 1 contract