Volume Requests Clause Samples

Volume Requests. By October 31 of each year, Catalyst will provide to TimberWest, a notice (an “Initial Delivery Notice”) specifying the volume of Logs and applicable end use sorts that Catalyst wishes to access on a monthly basis in the following year, commencing in January of the following year, based on the Initial Production Notice. After providing an Initial Delivery Notice, Catalyst may provide further notices (each a “Supplemental Delivery Notice”) requesting an increase in or decrease to volumes of Logs from specific end use sorts subject to the following: (a) Supplemental Delivery Notices must specify the volume of Logs requested, applicable end use sort(s) and the month that delivery of any additional volume is to commence or the month in which any increase or decrease in volumes set out in a previous Delivery Notice is to take effect; (b) a Supplemental Delivery Notice must be provided to TimberWest at least 3 months prior to the month in which any increase or decrease in volume under such Supplemental Delivery Notice is to take effect; (c) the volume that Catalyst may request from a particular end use sort during the remainder of a year cannot exceed the remaining volume for that end use sort per the most recent Production Notice less volume that is to be delivered in the remainder of the year from prior requests for that sort (for example, if Catalyst issued an Initial Delivery Notice requesting 60,000 m3 of a 100,000 m3 sort described in an Initial Production Notice to be delivered evenly over the year such that 30,000 m3 was to be delivered in the last six months of the year, then the maximum additional volume that Catalyst could request from such sort in a Supplemental Delivery Notice to take effect July 1 would be 20,000 m3 (50,000 m3 — 30,000 m3); and (d) if a Revised Production Notice indicates the availability of Logs that Catalyst specified for delivery in its Initial Delivery Notice that were not indicated as being available in prior Production Notices for that year (in this Section, the “Additional Volume”): (i) TimberWest may, concurrently with delivery of the Revised Production Notice advise Catalyst of a reduction in the amount of notice required to provide Supplemental Delivery Notices under Subsection (b) in respect of the Additional Volume; (ii) delivery of all or any part of the Additional Volume under this Agreement will be limited to the volume of Logs that Catalyst is able to utilize in the current year and will be conditional on Catalyst i...