Delayed Shipment. If the Contractual Tonnage for a Contract Year is not delivered by the end of such Contract Year, Seller may request, and Buyer shall not unreasonably deny such request (provided that any such denial shall be deemed to be reasonable if Buyer has made arrangements to purchase substitute concentrates from a third party or third parties in accordance with Section 3.5), to ship such delayed tonnage to Buyer in the first shipment of the succeeding Contract Year or as soon thereafter as is practicable. Such delayed tonnage shall be regarded as part of the Contractual Tonnage of the preceding Contract Year and all terms and conditions of the preceding Contract Year shall apply to such tonnage. In no event shall such delayed tonnage in respect of any Contract Year be more than 25,000 DMT's.
Appears in 2 contracts
Sources: Concentrate Purchase and Sales Agreement (Freeport McMoran Copper & Gold Inc), Concentrate Purchase and Sales Agreement (Freeport McMoran Copper & Gold Inc)