Common use of Tonnage Statement Clause in Contracts

Tonnage Statement. Within thirty (30) days following the completion of each of the twelve years referred to in Section 2.3(a) (or until the maximum amount payable under such section has been paid, if prior to the end of such twelve-year period), Buyer shall prepare and deliver to Seller a statement showing the tonnage of shipments from the Operations for such year (the "Preliminary Tonnage Statement"). Following receipt of the Preliminary Tonnage Statement, Sellers shall be afforded a period of thirty (30) days to review the Preliminary Tonnage Statement (the "Tonnage Review Period"). To assist in any such review, Buyer shall make available to Sellers within five (5) business days of Sellers so requesting, and to any independent accounting firm selected by Sellers (subject to such firm's prior execution of Buyer's standard confidentiality agreement attached hereto as Exhibit 2.4(a)(1) and Buyer's independent accounting firm's standard release attached hereto as Exhibit 2.4(a)(2)), whose fees and expenses shall be borne by Sellers, full access to the books and records of the Operations, Buyer's accountants work papers, and such other records as reasonably requested by Sellers. The Tonnage Review Period shall be extended by one day for each day that access to the books and records of the Operations is denied or delayed by Buyer. At or before the end of the Tonnage Review Period, Sellers shall either (i) accept the Preliminary Tonnage Statement in its entirety or (ii) deliver to Buyer a written notice setting forth a detailed explanation of those items in the Preliminary Tonnage Statement that Sellers dispute (a "Notice of Tonnage Dispute"). If Sellers do not deliver a Notice of Tonnage Dispute to Buyer within the Tonnage Review Period, Sellers shall be deemed to have accepted the Preliminary Tonnage Statement in its entirety.

Tonnage Statement. Within thirty (30) days following the completion of each of the twelve years referred to in Section 2.3(a) (or until the maximum amount payable under such section has been paid, if prior to the end of such twelve-year period), Buyer shall prepare and deliver to Seller a statement showing the tonnage of shipments from the Operations for such year (the "“Preliminary Tonnage Statement"”). Following receipt of the Preliminary Tonnage Statement, Sellers shall be afforded a period of thirty (30) days to review the Preliminary Tonnage Statement (the "“Tonnage Review Period"”). To assist in any such review, Buyer shall make available to Sellers within five (5) business days of Sellers so requesting, and to any independent accounting firm selected by Sellers (subject to such firm's ’s prior execution of Buyer's ’s standard confidentiality agreement attached hereto as Exhibit 2.4(a)(1) and Buyer's ’s independent accounting firm's ’s standard release attached hereto as Exhibit 2.4(a)(2)), whose fees and expenses shall be borne by Sellers, full access to the books and records of the Operations, Buyer's ’s accountants work papers, and such other records as reasonably requested by Sellers. The Tonnage Review Period shall be extended by one day for each day that access to the books and records of the Operations is denied or delayed by Buyer. At or before the end of the Tonnage Review Period, Sellers shall either (i) accept the Preliminary Tonnage Statement in its entirety or (ii) deliver to Buyer a written notice setting forth a detailed explanation of those items in the Preliminary Tonnage Statement that Sellers dispute (a "“Notice of Tonnage Dispute"”). If Sellers do not deliver a Notice of Tonnage Dispute to Buyer within the Tonnage Review Period, Sellers shall be deemed to have accepted the Preliminary Tonnage Statement in its entirety.

Tonnage Statement. Within thirty (30) days following the completion of each of the twelve years referred to in Section 2.3(a) (or until the maximum amount payable under such section has been paid, if prior to the end of such twelve-year period2.3(b), Buyer shall will prepare and deliver to Seller a statement showing the tonnage of shipments from the Operations for such year (the "Preliminary Tonnage Statement"). Following receipt of the Preliminary Tonnage Statement, Sellers shall will be afforded a period of thirty (30) days to review the Preliminary Tonnage Statement (the "Tonnage Review Period"). To assist in any such review, Buyer shall will make available to Sellers Sellers' Representative within five ten (510) business days of Sellers so requesting, and to any independent accounting firm selected by Sellers (subject to such firm's prior execution of Buyer's standard confidentiality agreement attached hereto as Exhibit 2.4(a)(1) and Buyer's independent accounting firm's standard release attached hereto as Exhibit 2.4(a)(2)), whose fees and expenses shall be borne by Sellers, full access to the books and records of the Operations, Buyer's accountants work papers, and Operations solely as they relate to the tonnage of shipments from the Operations for such other records as reasonably requested by Sellersyear. The Tonnage Review Period shall will be extended by one day for each day that access to the such books and records of the Operations is denied or delayed by Buyer. At or before the end of the Tonnage Review Period, Sellers shall Sellers' Representative must either (i) accept the Preliminary Tonnage Statement in its entirety or (ii) deliver to Buyer a written notice setting forth a detailed explanation of those items in the Preliminary Tonnage Statement that Sellers dispute (a "Notice of Tonnage Dispute"). If Sellers do Sellers' Representative does not deliver a Notice of Tonnage Dispute to Buyer within the Tonnage Review Period, Sellers shall will be deemed to have accepted the Preliminary Tonnage Statement in its entirety.

Tonnage Statement. Within thirty (30) days following the completion of each of the twelve years referred to in Section 2.3(a) (or until the maximum amount payable under such section has been paid, if prior to the end of such twelve-year period2.3(b), Buyer shall will prepare and deliver to Seller a statement showing the tonnage of shipments from the Operations for such year (the "“Preliminary Tonnage Statement"”). Following receipt of the Preliminary Tonnage Statement, Sellers shall will be afforded a period of thirty (30) days to review the Preliminary Tonnage Statement (the "“Tonnage Review Period"”). To assist in any such review, Buyer shall will make available to Sellers Sellers’ Representative within five ten (510) business days of Sellers so requesting, and to any independent accounting firm selected by Sellers (subject to such firm's ’s prior execution of Buyer's ’s standard confidentiality agreement attached hereto as Exhibit 2.4(a)(1) and Buyer's ’s independent accounting firm's ’s standard release attached hereto as Exhibit 2.4(a)(2)), whose fees and expenses shall be borne by Sellers, full access to the books and records of the Operations, Buyer's accountants work papers, and Operations solely as they relate to the tonnage of shipments from the Operations for such other records as reasonably requested by Sellersyear. The Tonnage Review Period shall will be extended by one day for each day that access to the such books and records of the Operations is denied or delayed by Buyer. At or before the end of the Tonnage Review Period, Sellers shall Sellers’ Representative must either (i) accept the Preliminary Tonnage Statement in its entirety or (ii) deliver to Buyer a written notice setting forth a detailed explanation of those items in the Preliminary Tonnage Statement that Sellers dispute (a "“Notice of Tonnage Dispute"”). If Sellers do Sellers’ Representative does not deliver a Notice of Tonnage Dispute to Buyer within the Tonnage Review Period, Sellers shall will be deemed to have accepted the Preliminary Tonnage Statement in its entirety.