Common use of Exclusive Contract Clause in Contracts

Exclusive Contract. Buyer agrees that it will not (a) purchase any of the steam or thermal fluid requirements for the Buyer's Plant from any other person, nor (b) will it produce such steam or thermal fluid itself; provided, that, if Buyer shall have purchased the minimum amount required to be purchased from., Cogentrix during a Term Year under Paragraph 2 hereof, Buyer may thereafter produce its steam and thermal fluid requirements in excess of such amount for the remainder of such Term Year if Buyer shall have given Cogentrix first option to supply such requirements and Cogentrix shall have been unwilling or unable to provide such requirements at a price comparable to Buyer's costs for producing such requirements. Notwithstanding anything to the contrary contained herein, Buyer agrees that it will not resell any steam or thermal energy purchased under this Agreement to any other person or entity.

Appears in 1 contract

Sources: Steam Purchase Contract (Green Power Energy Holdings Corp)

Exclusive Contract. Buyer agrees that it will not (a) purchase any of the steam or thermal fluid requirements for the Buyer's Plant from any other person, nor (b) will it produce such steam or thermal fluid itself; provided, that, that if Buyer shall have purchased the minimum amount required to be purchased from., from Cogentrix during a Term Year under Paragraph 2 hereof, Buyer may thereafter produce its steam and thermal fluid requirements in excess of such amount for the remainder of such Term Year if Buyer shall have given Cogentrix first option to supply such requirements and Cogentrix shall have been unwilling or unable to provide such requirements at a price comparable to Buyer's costs for producing such requirements. Notwithstanding anything to the contrary contained herein, Buyer agrees that it will not resell any steam or thermal energy purchased under this Agreement to any other person or entity.

Appears in 1 contract

Sources: Steam Purchase Contract (Guilford Mills Inc)