Take or Pay Quantity definition
Examples of Take or Pay Quantity in a sentence
Upon and for the duration of such suspension, Sellers shall be relieved of their obligation to make Gas available for delivery to Buyer under this Agreement, but Buyer shall not be discharged of any of its obligations under this Agreement including Buyer’s obligations under Clause 10 to take and pay for, or pay for if not taken a quantity of Gas at least equal to the Take or Pay Quantity for the relevant Contract Year.
Upon and for the duration of such suspension, Seller shall be relieved of its obligation to make Gas available for delivery to Buyer under this Agreement, but Buyer shall not be discharged of any of its obligations under this Agreement including Buyer’s obligations under Clause 9 to take and pay for, or pay for if not taken a quantity of Gas at least equal to the Take or Pay Quantity for the Contract Year.
Buyer’s Take or Pay Quantity shall be reduced proportionally, and the DCQ for such Day shall be deemed to be the actual quantity delivered by Seller.
During the Extended Contract Period, the provisions of this Agreement (including, inter alia, the provisions of Article 9) shall continue to apply, except that any Carry Forward Aggregate which has accrued under this Agreement prior to the commencement of the Extended Contract Period shall be cancelled and shall not serve to reduce the Annual Take or Pay Quantity attributable to the Extended Contract Period.
As long as there are Deferred Quantities, the quantities taken by Buyer in excess of the Take or Pay Quantity shall be automatically considered as recuperation of Deferred Quantities.
In no event shall the Take or Pay Quantity hereunder be less than [**] per Contract Year.
If the Take or Pay Quantity is not satisfied, Airgas shall be given a waiver of the requirements of Paragraph 4 for as long as such BOC Force Majeure shall exist.
Airgas shall be obligated to purchase, or pay for if not purchased, [**] during the initial Contract Year and [**] of the difference between BOC's supply obligation specified in Paragraph 3 and the amounts listed on Exhibit I ("Take or Pay Quantity") during all subsequent Contract Years hereunder.
Upon and for the duration of such suspension, Seller shall be relieved of their obligation to make Gas available for delivery to Buyer under this Agreement, but Buyer shall not be discharged of any of its obligations under this Agreement including Buyer’s obligations under Clause 10 to take and pay for, or pay for if not taken a quantity of Gas at least equal to the Take or Pay Quantity for the relevant Contract Year.
In the event that Airgas has failed to purchase the Take or Pay Quantity during any C▇▇▇▇▇▇t Year, Airgas shall be able to avoid penalties for failing to purchase the Take or Pay Quantity by purchasing a quantity of additional Product ("Shortfall Make-Up Volume") equal to the shortfall during the previous Contract Year ("Shortfall Year") [**].