Common use of Fulfillment of Orders Clause in Contracts

Fulfillment of Orders. All orders accepted by IDI hereunder shall be subject to a variance, within the quantities ordered, of plus or minus ten percent (10%). Subject to such adjustment, as well as to raw materials supply availability or interruption in DRI production due to force majeure, as described herein, IDI shall produce sufficient quantities of its DRI to complete all accepted Sumitomo orders, and shall use its best efforts to meet the delivery dates proposed in such accepted orders. To the extent possible, Sumitomo will use its best efforts to accommodate any IDI request for modification of quantities or delivery dates for accepted orders, if deemed necessary by IDI. Unless otherwise specified in its acceptance, orders shall be "FOB" IDI's plant facility in Butler, Indiana, and Sumitomo's customer (or Sumitomo, if it is the customer) shall accept title to, and risk of loss of the DRI at that point. The minimum price designated by IDI, and any purchase orders offered to IDI by Sumitomo, shall be stated in net dollars per tonne to IDI, and any taxes or charges that may be imposed by any governmental agency, whether foreign or domestic, upon the DRI or upon the sale transaction, other than regular federal and state income taxes that may be payable by SDI on its net taxable income derived from IDI's activities, shall be and remain the responsibility of the purchaser. In the event that IDI accepts a purchase order for DRI on an accumulation basis, the terms F:\DATA\PUBL\RSW\AGMT\VAB\81006.2 (8/30/96) 3 thereof and any period of "free" storage pending shipment, shall be specified in IDI's acceptance.

Fulfillment of Orders. All orders accepted by IDI hereunder shall be subject to a variance, within the quantities ordered, of plus or minus ten percent (10%). Subject to such adjustment, as well as to raw materials supply availability or interruption in DRI production due to force majeure, as described herein, IDI shall produce sufficient quantities of its DRI to complete all accepted Sumitomo orders, and shall use its best efforts to meet the delivery dates proposed in such accepted orders. To the extent possible, Sumitomo will use its best efforts to accommodate any IDI request for modification of quantities or delivery dates for accepted orders, if deemed necessary by IDI. Unless otherwise specified in its acceptance, orders shall be "FOB" IDI's plant facility in Butler, Indiana, and Sumitomo's customer (or Sumitomo, if it is the customer) shall accept title to, and risk of loss of the DRI at that point. The minimum price designated by IDI, and any purchase orders offered to IDI by Sumitomo, shall be stated in net dollars per tonne to IDI, and any taxes or charges that may be imposed by any governmental agency, whether foreign or domestic, upon the DRI or upon the sale transaction, other than regular federal and state income taxes that may be payable by SDI on its net taxable income derived from IDI's activities, shall be and remain the responsibility of the purchaser. In the event that IDI accepts a purchase order for DRI on an accumulation basis, the terms F:\DATA\PUBL\RSW\AGMT\VAB\81006.2 (8/30/96) 3 10 thereof and any period of "free" storage pending shipment, shall be specified in IDI's acceptance.