Monthly Requirements. Customer shall use its good faith commercially reasonable efforts to order in each month of the Wisconsin Supply Period at least [***]% of the Wisconsin Supply Period Monthly Minimum Tonnage. Customer and Supplier hereby agree that in no event shall Supplier be required to deliver more than the Wisconsin Supply Period Monthly Maximum Order to Customer in any month during the Wisconsin Supply Period. During the first three months of the first Wisconsin Supply Period Contract Year (the “Ramp-Up Period”), the requirements for the purchase and supply of Product shall be adjusted as follows: (i) during the first month of the Ramp-Up Period, the Wisconsin Supply Period Monthly Minimum Tonnage shall be 1/48 of the Wisconsin Supply Period Annual Minimum Tonnage, (ii) during the second month of the Ramp-Up Period, the Wisconsin Supply Period Monthly Minimum Tonnage shall be 1/24 of the Wisconsin Supply Period Annual Minimum Tonnage, and (iii) during the third month of the Ramp-Up Period, the Wisconsin Supply Period Monthly Minimum Tonnage shall be 3/48 of the Wisconsin Supply Period Annual Minimum Tonnage. In the first Wisconsin Supply Period Contract Year, the Wisconsin Supply Period Annual Minimum Tonnage shall be adjusted to take into consideration the reduced Wisconsin Supply Period Monthly Minimum Tonnages during the Ramp-Up Period. In the month when the Wisconsin Supply Period Commencement Date occurs, the Wisconsin Supply Period Monthly Minimum Tonnage and the Wisconsin Supply Period Monthly Maximum Order shall each be prorated based on the fraction of such month that has elapsed during the Wisconsin Supply Period. Exhibit 7 sets forth an illustration of the Wisconsin Supply Period Monthly Minimum Tonnage and Wisconsin Supply Period Annual Minimum Tonnage amounts for the first Wisconsin Supply Period Contract Year, taking into account the Ramp-Up Period, and for each Wisconsin Supply Period Contract Year thereafter.
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Sources: Sand Supply Agreement, Sand Supply Agreement (Emerge Energy Services LP)
Monthly Requirements. Customer shall use its good faith commercially reasonable efforts to order in each month of the Wisconsin Supply Period at least [***]% of the Wisconsin Supply Period Monthly Minimum Tonnage. Customer and Supplier hereby agree that in no event shall Supplier be required to deliver more than the Wisconsin Supply Period Monthly Maximum Order to Customer in any month during the Wisconsin Supply Period. During the first three months of the first Wisconsin Supply Period Contract Year (the “Ramp-Up Period”), the requirements for the purchase and supply of Product shall be adjusted as follows: (i) *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. during the first month of the Ramp-Up Period, the Wisconsin Supply Period Monthly Minimum Tonnage shall be 1/48 of the Wisconsin Supply Period Annual Minimum Tonnage, (ii) during the second month of the Ramp-Up Period, the Wisconsin Supply Period Monthly Minimum Tonnage shall be 1/24 of the Wisconsin Supply Period Annual Minimum Tonnage, and (iii) during the third month of the Ramp-Up Period, the Wisconsin Supply Period Monthly Minimum Tonnage shall be 3/48 of the Wisconsin Supply Period Annual Minimum Tonnage. In the first Wisconsin Supply Period Contract Year, the Wisconsin Supply Period Annual Minimum Tonnage shall be adjusted to take into consideration the reduced Wisconsin Supply Period Monthly Minimum Tonnages during the Ramp-Up Period. In the month when the Wisconsin Supply Period Commencement Date occurs, the Wisconsin Supply Period Monthly Minimum Tonnage and the Wisconsin Supply Period Monthly Maximum Order shall each be prorated based on the fraction of such month that has elapsed during the Wisconsin Supply Period. Exhibit 7 sets forth an illustration of the Wisconsin Supply Period Monthly Minimum Tonnage and Wisconsin Supply Period Annual Minimum Tonnage amounts for the first Wisconsin Supply Period Contract Year, taking into account the Ramp-Up Period, and for each Wisconsin Supply Period Contract Year thereafter.
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