Examples of Offtake Products in a sentence
The Parties acknowledge the Retained Offtake Products, as such term is defined in the Feedstock and Product Inventory Sales Agreement attached to the SPA as Exhibit D, shall be treated by the Parties for purposes of this Agreement in accordance with Section 5 of the Feedstock and Product Inventory Sales Agreement.
Accordingly, Buyer shall be obligated to disclose to Seller the identity of each of its customers that purchases any of the Offtake Products, the purchase price paid by each such customer, and, for Offtake Products delivered on a non-CIF basis, the direct out of pocket transportation and logistics expenses incurred by Buyer (if any) associated with such sales of Offtake Products.
Seller further represents and warrants that, at the time of delivery of any Offtake Products to Buyer, Seller shall have good and marketable title to such Offtake Products so delivered, and that such Offtake Products shall be delivered to Buyer free and clear of all encumbrances.
Title to and risk of loss of Monthly Offtake Quantities comprised of (i) light rare earth concentrate delivered on a CIF basis pursuant to Section 5.6(a) shall, in accordance with Incoterms, pass to Buyer at the point such Monthly Offtake Quantities are loaded onto the vessel of the carrier selected by Seller at the port of departure, and (ii) any other Offtake Products shall pass to Buyer in accordance with the delivery terms mutually agreed between the Parties pursuant to Section 5.6(a).
The foregoing amounts were delivered in consideration of and as prepayment for the sale and delivery of the Offtake Products under this Agreement.
Subject to and in accordance with the terms and conditions of this Agreement, Seller agrees to sell and deliver to Buyer the Offtake Products in the quantities determined in accordance with Section 5.2 and Section 5.4, and Buyer agrees to purchase and take delivery of, all such Offtake Products.
Following delivery of the Quarterly Production Notice, Seller shall promptly notify Buyer in writing of any material adjustments to the estimates of the types and respective quantities of Offtake Products expected to be made available for delivery to Buyer in order to facilitate Buyer’s marketing efforts and planning.
The delivery of Monthly Offtake Quantities comprised of (i) light rare earth concentrate shall, unless the Parties mutually agree otherwise, be on cost, insurance and freight (CIF) basis to the Delivery Point, and (ii) any other Offtake Products will be on delivery terms to be mutually agreed between the Parties from time to time.
Buyer shall be permitted to promote, market, sell and distribute all of the Offtake Products anywhere in the world, except as provided in Section 16.11(c) or Section 16.11(d).
Subject to variations in mine output and the output of the Mountain Pass Facility, the Offtake Products shall include the rare earth products set forth on Schedule 1.