PROPORTIONATE CURTAILMENT Sample Clauses

PROPORTIONATE CURTAILMENT. If FCCL curtails its purchases pursuant to Section 15.1 or 15.2, it will do so on a proportionate basis, so that the volume of Chips and Pulplogs purchased by FCCL from TimberWest under this Agreement in any month during such curtailment will be not less than a volume equal to the result obtained when: (a) the actual volume of Chips and Pulplogs (of the same species mix and quality as are delivered by TimberWest pursuant to this Agreement) that are delivered to the Pulp ▇▇▇▇▇ in such month is divided by; (b) he total volume of such Chips and Pulplogs that FCCL, acting reasonably and in good faith, estimates would have been delivered to the Pulp ▇▇▇▇▇ in such month if no curtailment had occurred; multiplied by: (c) the average monthly volume of such Chips and Pulplogs purchased by FCCL from TimberWest under this Agreement during each of the six months preceding the period of curtailment, excluding any previous period of curtailment; and during such period of curtailment FCCL will assist and co-operate with TimberWest to minimize the detrimental effects of such curtailment on the TimberWest Facilities, including purchase for resale when feasible and permitted, except that FCCL will not be required to incur any cost in respect thereof. FCCL's determination of its proportionate reduction or curtailment of its purchases of Chips and Pulplogs during any period will be final and binding on TimberWest.
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PROPORTIONATE CURTAILMENT. If Buyer curtails its purchases pursuant to Section 13.1 or 13.2, it will do so on a proportionate basis, so that the volume of Chips purchased by Buyer from Seller under this Agreement in any month during such curtailment will be not less than a volume equal to the result obtained when: (a) the actual volume of Chips (of the same species mix and quality as are delivered by Seller pursuant to this Agreement) that are delivered to the ▇▇▇▇▇ in such month is divided by; (b) the total volume of such Chips that Buyer, acting reasonably and in good faith, estimates would have been delivered to the ▇▇▇▇▇ in such month if no curtailment had occurred; multiplied by: (c) the average monthly volume of such Chips purchased by Buyer from Seller under this Agreement during each of the six months preceding the period of curtailment, excluding any previous period of curtailment; and during such period of curtailment Buyer will assist and co-operate with Seller to minimize the detrimental effects of such curtailment on the Seller’s Facilities except that Buyer will not be required to incur any cost in respect thereof.
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Related to PROPORTIONATE CURTAILMENT

  • Proportionate Amounts Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned.

  • Proportionate Share If the Premises are a part of a multiple tenancy complex, the responsibility of the Lessee for costs are determined by taking a percentage of the total cost of the expenses based upon the rentable floor space in said complex occupied by the Lessee. It is agreed that the Premises is [%] ("Proportionate Share") of the total floor space in the building. The Lessor may, with notice to the Lessee, elect to perform and provide certain maintenance and services pertaining to the entire building or area of which the Premises are a part, including, but not limited to, landscaping, trash removal, lawn maintenance, common area lighting, watering, paving maintenance, and snow removal. In such event, the Lessee shall reimburse the Lessor for its Proportionate Share of such maintenance services. Within ninety (90) days following the end of each year during the Term, the Lessor shall furnish the Lessee with a written statement covering the lease year just expired (measured from the Commencement Date), showing in reasonable detail a general breakdown of the total operating costs, the amount of the Lessee's obligation relating thereto, and the total payments made by the Lessee. The Lessee agrees to conduct its business in a lawful and legal manner, and in a way that provides quiet enjoyment to the rest of the Lessees in the complex, including, but not limited to, mitigation and limitation of noise, vibration, odor, trash, or fumes. In the event the Lessor receives complaints from other Lessees in the building or complex and determines, in its sole reasonable judgment, that the Lessee is conducting its operations in a manner so as to be objectionable to other Lessees, the Lessee shall, upon notice from the Lessor, promptly modify its operations to eliminate such objections.

  • Tenant’s Proportionate Share (Section 4.4.3.1): 6.27 percent (6.27%). Such share is a fraction, the numerator of which is the rentable square feet of the Premises, and the denominator of which is the rentable square feet of the Building, as determined by Landlord from time to time on a consistent basis.

  • Proportionate Liability To avoid doubt, the parties agree that section 35 of the Civil Liability Act 2002 (NSW) applies to any apportionable claim relating to this agreement.

  • Proportionate Leave on Termination Where an employee has given five working days or more continuous service, inclusive of any day off as prescribed by clauses 27 or 30 of this award (excluding overtime), and either leaves employment or the employee’s employment is terminated by the employer the employee shall be paid one-twelfth of an ordinary week’s wages in respect of each completed five working days of continuous service with the current employer for which leave has not been granted or paid for in accordance with this award.