Common use of Purchase of Minimum and Maximum Amounts of Gypsum Clause in Contracts

Purchase of Minimum and Maximum Amounts of Gypsum. A. For the calendar year * * *, SynMat will sell and deliver to Lafarge, and Lafarge will purchase from SynMat, Gypsum from SynMat’s Facilities in the amount of a minimum of * * * and a maximum * * * Gypsum, for * * * a minimum of * * * and a maximum of * * *, for * * * a minimum of * * * and a maximum of * * *, and for each of the calendar years * * *, SynMat will sell and deliver to Lafarge, and Lafarge will purchase from SynMat, Gypsum from SynMat’s Facilities in the amount of a minimum of * * * to a maximum of the total production of ▇▇▇▇▇▇▇ County which is expected to be * * * Gypsum, which complies with the requirements set forth in Exhibit A per year during the Term of the Agreement. Beginning * * *, in any particular year (Deferral Year), Lafarge may, at its sole discretion, defer up to * * * (Deferral Tonnage) to the following year, such that the required minimum to be purchased in that Deferral Year would be reduced by the Deferral Tonnage. The minimum volume under this section 1.A. in the year following the Deferral Year will be increased by an amount equal to the Deferral Tonnage. In no case can Lafarge defer tonnage as allowed in this Section 1.A. in two consecutive years. For purposes of calculating the minimum and maximum tons of dry weight Gypsum to be supplied by SynMat and purchased by Lafarge under the Agreement, Gypsum which does not meet the specifications set forth in Exhibit A shall not be included in such calculations. B. By October 1st preceding each calendar year, Lafarge will notify SynMat in writing of the quantity of dry tons to be purchased for the following calendar year, within the parameters set forth in Section 1.A. above. For that particular calendar year, SynMat will sell and deliver to Lafarge, and Lafarge will purchase from SynMat, Gypsum from SynMat’s Facilities in the amount of a minimum of * * * Gypsum below the specified quantity and a maximum of * * * Gypsum above the specified quantity, as long as such specified quantity is within the parameters set in Section 1.A. C. If SynMat fails to deliver the minimum amount of Gypsum set forth in Section 1.B., and SynMat’s failure to deliver is not due to an Excusable Event, as defined in Section 10, SynMat will pay to Lafarge damages equal to the price of the Gypsum currently in effect according to Section 6 for the amount up to the required minimum. Such damages shall be paid to Lafarge within thirty (30) days following receipt of Lafarge’s invoice for such damages. D. If the amount of Gypsum which SynMat is capable of delivering to Lafarge in any calendar year from SynMat’s Facilities exceeds the maximum amount set forth above, Lafarge may accept or decline to receive the overage in its sole discretion. If Lafarge accepts the overage, the terms of this Agreement shall apply to the supply and purchase of such overage amounts. ▇. ▇▇▇▇▇▇▇ agrees to accept and pay for all Gypsum which SynMat is able to deliver up to the maximum amounts stated in Section LB. If Lafarge fails to accept Gypsum in amounts at least equal to the maximum amounts stated in Section 1.B., and Lafarge’s failure is not due to an Excusable Event, as defined in Section 10, Lafarge shall pay to SynMat damages equal to the price of the Gypsum not taken by Lafarge currently in effect according to Section 6 for the amount up to the required maximum. Lafarge shall pay such damages within thirty (30) days following receipt of SynMat’s invoice for such damages. In addition, Lafarge has the first option to purchase any amounts in excess of the maximum amounts stated in Section 1.A. or 1.B. if any Gypsum remains unsold. F. Nothing herein shall affect the validity of Section 13. G. The damages payable by SynMat under Section 1.C. shall be the sole remedy of Lafarge for SynMat’s failure to deliver the minimum amounts of Gypsum contained in Section 1.B. The damages payable by Lafarge under Section I.E. shall be the sole remedy of SynMat for Lafarge’s failure to take the maximum amounts of Gypsum contained in Section 1.B. H. SynMat is recognized as one of * * *.

Purchase of Minimum and Maximum Amounts of Gypsum. A. For the calendar year * * *, SynMat The Owners will sell and deliver to Lafarge, and Lafarge will purchase from SynMatthe Owners, Gypsum from SynMat’s Facilities in the amount of a minimum of * * * and a maximum * * * Gypsum, for * * * a minimum of * * * and a maximum of * * *, for * of dry weight synthetic gypsum which complies with the requirements set forth in Exhibit A (“Complying Gypsum”) during each * * * a minimum of the Contract. A * * * and a maximum shall be any * * * contract years during the term of the Contract, except that the first * * * shall commence on * * *, and for each of the calendar years * * *, SynMat . B. The Owners will sell and deliver to Lafarge, and Lafarge will purchase from SynMatthe Owners, Gypsum from SynMat’s Facilities in the amount of a minimum of * * * to a maximum of the total production of ▇▇▇▇▇▇▇ County which is expected to be * * * Gypsum, which complies with the requirements set forth in Exhibit A per year dry weight Complying Gypsum during the Term of the Agreement. Beginning * * *, in any particular year (Deferral Year)commencing on June 1, Lafarge may, at its sole discretion, defer up to * * * (Deferral Tonnage) to the following year, such that the required minimum to be purchased in that Deferral Year would be reduced by the Deferral Tonnage2000. The minimum volume under this section 1.A. in the year following the Deferral Year Owners will be increased by an amount equal to the Deferral Tonnage. In no case can Lafarge defer tonnage as allowed in this Section 1.A. in two consecutive years. For purposes of calculating the minimum and maximum tons of dry weight Gypsum to be supplied by SynMat and purchased by Lafarge under the Agreement, Gypsum which does not meet the specifications set forth in Exhibit A shall not be included in such calculations. B. By October 1st preceding each calendar year, Lafarge will notify SynMat in writing of the quantity of dry tons to be purchased for the following calendar year, within the parameters set forth in Section 1.A. above. For that particular calendar year, SynMat will sell and deliver to Lafarge, and Lafarge will purchase from SynMat, Gypsum from SynMat’s Facilities in the amount of a minimum total of * * * of dry weight Complying Gypsum below during the specified quantity * * *, a minimum total of * * * of dry weight Complying Gypsum during the * * *, a minimum total of * * * of dry weight Complying Gypsum during the * * *, and a minimum total of * * * of dry weight Complying Gypsum during the * * *. Lafarge shall purchase a maximum of * * * of dry weight Complying Gypsum above in each of the specified quantity, as long as such specified quantity is within the parameters set in Section 1.A.* * *. C. If SynMat fails the Owners fail to deliver the minimum amount of Complying Gypsum set forth in Section 1.B.Sections 2.A or B., and SynMat’s the Owners’ failure to deliver is not due to an Excusable Eventexcusable event, as defined in Section 1012, SynMat the Owners will pay to Lafarge damages equal to (a) the number of tons of Complying Gypsum by which the owners fail to meet the minimum set forth in Sections 2.A. or B. times (b) the contract price per ton in effect during the period for which the Owners fail to deliver the minimum set forth in Sections 2.A. or B. For shortfalls in the Owners’ delivery of the Gypsum currently in effect according to Section 6 for the amount up to the required minimum. Such minimum amounts of Complying Gypsum, such damages shall be paid credited to Lafarge within thirty (30) days following receipt of Lafarge’s invoice for such damages. D. If the amount of Complying Gypsum which SynMat is the Owners are capable of delivering to Lafarge in any calendar year from SynMat’s Facilities exceeds the maximum amount set forth above, Lafarge may accept or decline to receive the overage in at its sole discretion. If Lafarge accepts the overage, the terms of this Agreement Contract shall apply to the supply purchase and purchase sale of such overage amounts. ▇. ▇▇▇▇▇▇▇ agrees to must accept and pay for all Complying Gypsum which SynMat is the Owners are able to deliver up to the maximum amounts stated in Section LB. Sections 2.A. and B. If Lafarge fails to accept Complying Gypsum in amounts at least equal to below the maximum amounts stated in Section 1.B.Sections 2.A. and B., and Lafarge’s failure is not due to an Excusable Eventexcusable event, as defined in Section 1012, Lafarge shall pay the Owners the contract price per ton, as calculated in Section 7, for every ton below the maximum amounts set forth in Sections 2.A. and B. which Lafarge fails to SynMat take. lit addition, Lafarge shall pay the Owners damages equal to (a) the price number of the tons of Complying Gypsum not taken by which Lafarge currently in effect according fails to Section 6 for the amount up to the required maximum. Lafarge shall pay such damages within thirty (30) days following receipt of SynMat’s invoice for such damages. In addition, Lafarge has the first option to purchase any amounts in excess take delivery of the maximum amounts stated set forth in Section 1.A. Sections 2.A. or 1.B. if any Gypsum remains unsold. F. B. times (b) the contract price per ton in effect during the period for which Lafarge fails to take delivery of the maximum set forth in Sections 2.A. or B. Nothing herein shall affect the validity of Section 1316. G. F. The damages payable by SynMat the Owners under Section 1.C. 2.C. shall be the sole remedy of Lafarge for SynMat’s the Owners’ failure to deliver the minimum amounts of Complying Gypsum contained in Section 1.B. Sections 2.A. and B. The damages payable by Lafarge under Section I.E. 2.E. shall be the sole remedy of SynMat the Owners for Lafarge’s failure to take the maximum amounts of Complying Gypsum contained in Section 1.B. H. SynMat is recognized as one of * * *.Sections 2.A. and B.