Common use of Volume Clause in Contracts

Volume. (a) Buyer agrees to buy and ANC agrees to sell, in each calendar year during the term of this Agreement, 7 billion cans. Can bodies and ends shall be purchased by Buyer and supplied by ANC in substantially equal volumes. (b) The foregoing annual volume of containers to be purchased hereunder may not be changed by Buyer during the terms of this Agreement without the written consent of ANC although ANC will use its commercially reasonable best efforts to accommodate year over year changes hereafter requested by Buyer in its annual volume. (c) ANC will not be required to provide more than 57% of Buyers annual band-priced volume hereunder in either of the following six month periods throughout the term hereof: (i) April 1 through September 30; (ii) October 1 through March 31. (d) Buyers annual forecasts of volume, provided for under paragraph 6 below, shall each contain a breakdown of forecasted volumes for each location set forth on Exhibit B (and any additional or substitute Buyer filling locations), which forecasts shall remain in effect until adjusted by Buyer upon reasonable advance notice to ANC; provided, however, that such adjustments shall not affect Buyers purchase commitment set forth in Paragraph 3(a) above.

Appears in 3 contracts

Samples: Supply Agreement (American National Can Group Inc), Supply Agreement (American National Can Group Inc), Supply Agreement (American National Can Group Inc)

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Volume. (a) Buyer agrees to buy and ANC agrees to sell, in each calendar year during the term of this Agreement, 7 billion cans. Can bodies and ends shall be purchased by Buyer and supplied by ANC in substantially equal volumes. (b) The foregoing annual volume of containers to be purchased hereunder may not be changed by Buyer during the terms of this Agreement without the written consent of ANC although ANC will use its commercially reasonable best efforts to accommodate year over year changes hereafter requested by Buyer in its annual volume. (c) ANC will not be required to provide more than 57##% of Buyers Buyer's annual band-priced volume hereunder in either of the following six month periods throughout the term hereof: (i) April 1 through September 30; (ii) October 1 through March 31. (d) Buyers Buyer's annual forecasts of volume, provided for under paragraph 6 below, shall each contain a breakdown of forecasted volumes for each location set forth on Exhibit B (and any additional or substitute Buyer filling locations), which forecasts shall remain in effect until adjusted by Buyer upon reasonable advance notice to ANC; provided, however, that such adjustments shall not affect Buyers Buyer's purchase commitment set forth in Paragraph 3(a) above.

Appears in 1 contract

Samples: Supply Agreement (Coca Cola Enterprises Inc)

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Volume. (a) Buyer agrees to buy and ANC agrees to sell, in each calendar year during the term of this Agreement, 7 ## billion cans. Can bodies and ends shall be purchased by Buyer and supplied by ANC in substantially equal volumes. (b) The foregoing annual volume of containers to be purchased hereunder may not be changed by Buyer during the terms of this Agreement without the written consent of ANC although ANC will use its commercially reasonable best efforts to accommodate year over year changes hereafter requested by Buyer in its annual volume. (c) ANC will not be required to provide more than 57##% of Buyers Buyer's annual band-priced volume hereunder in either of the following six month periods throughout the term hereof: (i) April 1 through September 30; (ii) October 1 through March 31. (d) Buyers Buyer's annual forecasts of volume, provided for under paragraph 6 below, shall each contain a breakdown of forecasted volumes for each location set forth on Exhibit B (and any additional or substitute Buyer filling locations), which forecasts shall remain in effect until adjusted by Buyer upon reasonable advance notice to ANC; provided, however, that such adjustments shall not affect Buyers Buyer's purchase commitment set forth in Paragraph 3(a) above.

Appears in 1 contract

Samples: Supply Agreement (Coca Cola Enterprises Inc)

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