Examples of Contracted Volume in a sentence
If you think that you will not be able to supply DFMC with the full Contracted Volume in any given Month, you must tell DFMC as soon as possible in writing.
DFMC is not obliged to purchase any milk in excess of the Contracted Volume (Surplus Milk) under this Contract.
BDD is not obliged to purchase any milk in excess of the Contracted Volume (Surplus Milk) under this agreement.
If we terminate this agreement for your material breach, then, without limiting our other rights to claim damages, you agree to pay us an amount equal to the difference between the price that we would have paid you for your Contracted Volume and the cost to us of obtaining milk to replace your Contracted Volume for the rest of the Term, provided that we use all reasonable endeavours to procure suitable replacement milk at the lowest price available.
If you think that you will not be able to supply us with the full Contracted Volume in any given month, you must tell us as soon as possible in writing.
If you fail to supply DFMC with at least 90% of the Contracted Volume in any Month, except where the failure is due to Force Majeure, then you must, if required by DFMC, immediately pay to DFMC liquidated damages for that Month calculated as follows: $X = W cents x (Y – Z) Where: $X is the amount payable by you to DFMC for the relevant Month.
You are required to supply us with the Contracted Volume, as set out in Schedule 3, for each month of the Term.
You acknowledge that the above formula represents a genuine pre-estimate of the loss DFMC will suffer if you fail to supply the Contracted Volume in respect of a Month all or some of your milk to a third party during the Term.
If you fail to supply us with at least 90% of the Contracted Volume in any month (the difference between the volume of milk that you supply to us and your Contracted Volume for that month being a “shortfall”), except where that failure is due to a Force Majeure Event, then you agree to pay us the amount equal to the difference between the price that we would have paid you for the shortfall and the cost to us of obtaining milk elsewhere to replace the shortfall.
Subject to you supplying DFMC with the Contracted Volume, you are free to supply any other milk produced at your Farm to any other person during the Term.