Common use of Minimum Volume Clause in Contracts

Minimum Volume. The Parties have agreed that Energenics shall place orders and O2Diesel shall supply the minimum of O2Diesel Additive (the “Minimum Volume”) at the price as set forth on Schedule A and O2Diesel shall in no event fail to supply the Minimum Volume provided however that, if the price of ethanol increases by * (*%) over the agreed price (“Price Threshold”) Energenics may at its option temporarily defer purchasing the Minimum Volume (“Deferred Volume”) and in such a case, Energenics shall be obligated to purchase the Deferred Volume once the price decreases below the Price Threshold over the same amount of time the Deferred Volume was deferred. For example, if the ethanol price is greater than the Price Threshold for six (6) months, Energenics shall have up to six (6) months to purchase the Deferred Volume. In the event that O2Diesel ceases to distribute the O2Diesel Additive in the Territory, O2Diesel shall assist Energenics in obtaining an agreement with Cognis Deutschland GmbH on the same terms and conditions that O2Diesel or its subsidiaries was supplying the O2Diesel Additive in the Territory.

Minimum Volume. The Parties have agreed that Energenics Distributor shall place orders and O2Diesel shall supply the minimum of O2Diesel Additive (the “Minimum Volume”) at the price as set forth on Schedule A and O2Diesel shall in no event fail to supply the Minimum Volume provided however that, if the price of ethanol increases by * (*%) over the agreed price (“Price Threshold”) Energenics Distributor may at its option temporarily defer purchasing the Minimum Volume (“Deferred Volume”) and in such a case, Energenics Distributor shall be obligated to purchase the Deferred Volume once the price decreases below the Price Threshold over the same amount of time the Deferred Volume was deferred. For example, if the ethanol price is greater than the Price Threshold for six (6) months, Energenics Distributor shall have up to six (6) months to purchase the Deferred Volume. In the event that O2Diesel ceases to distribute the O2Diesel Additive in the Territory, O2Diesel shall assist Energenics Distributor in obtaining an agreement with Cognis Deutschland GmbH on the same terms and conditions that O2Diesel or its subsidiaries was supplying the O2Diesel Additive in the Territory.