Common use of Shortfall Payments Clause in Contracts

Shortfall Payments. The rates for Shortfall Payments shall be as follows: (i) The River Shortfall Payment for all of 2009 shall be $[...***...] per Ton. For 2010-2014, the River Shortfall Payment shall be increased or reduced in accordance with the adjustment provisions set forth in Attachment J. (ii) The Terminaling Shortfall Payment for all of 2009 shall be $[...***...] per Ton. For 2010-2014, the Terminaling Shortfall Payment shall be increased or reduced in accordance with the adjustment provisions set forth in Attachment J. (iii) The Ocean Shortfall Payment for all of 2009 shall be $[...***...] per Ton. For 2010-2014, the Ocean Shortfall Payment shall be increased or reduced in accordance with the adjustment provisions set forth in Attachment J. United’s right to Shortfall Payments under this paragraph shall be United’s sole and exclusive remedy for Tampa Electric’s failure to provide to United the quantity of Cargo set forth in Section 2.2.1.

Appears in 2 contracts

Sources: Confidentiality Agreement (United Maritime Group, LLC), Confidentiality Agreement (United Maritime Group, LLC)