Minimum Monthly Quantity definition
Examples of Minimum Monthly Quantity in a sentence
Any deficient shipments of the Minimum Annual Quantity of Product which are delayed beyond the first quarter of the next Year shall be deemed to constitute a material breach of this Agreement pursuant to Section 10.2.1. For the avoidance of doubt, each monthly shipment shall be applied first to satisfy the Minimum Monthly Quantity for that calendar month.
Should Buyer fail to take delivery of the Minimum Monthly Quantity, Buyer shall be deemed to be in breach of this Agreement and shall be responsible for paying liquidated damages to American Crystal in the amount of the purchase price per ton multiplied times the difference between the Minimum Monthly Quantity and the actual tons delivered to Buyer during that month.
Buyer and American Crystal acknowledge and agree that American Crystal is engaged in the business of processing pressed pulp into pulp pellets and from time to time such pulp pellet production may result in American Crystal being unable to provide the Minimum Monthly Quantity of pressed pulp to Buyer.
American Crystal and ▇▇▇▇▇ intend that Buyer will take delivery of the Minimum Monthly Quantity of the Byproducts set forth herein during the term of this Agreement.
Buyer will be invoiced monthly for the greater of (i) Minimum Monthly Quantity or (ii) or the actual tonnage delivered to Buyer, unless American Crystal has notified Buyer that an insufficient quantity of Byproducts was available to satisfy the Minimum Monthly Quantity, in which case Buyer shall only be invoiced for that portion of the Minimum Monthly Quantity that was available.
The Minimum Monthly Quantity may be comprised of (i) FOM Baseload, (ii) replacement volumes associated with implementation of the cover standard in Section 9 (physical or financial) (“Cover Quantity”), and (iii) Swing Gas.
The parties acknowledge and agree that American Crystal’s damages resulting from ▇▇▇▇▇’s failure to take delivery of the Minimum Monthly Quantity will be difficult to calculate, and the liquidated damages provided herein are a reasonable estimation of the actual damages that may result from Buyer’s breach.
Buyer’s payment of liquidated damages is the Buyer’s sole liability for ▇▇▇▇▇’s failure to take delivery of the Minimum Monthly Quantity.
In addition to the terms defined elsewhere in this Agreement the following terms will have following respective meanings when used in this Agreement with initial capital letters: “Baseload Marketing Fee” means the $0.025 per MMBtu charge to be paid by RE Gas (i) for each MMBtu of FOM Baseload Gas delivered, and (ii) for each MMBtu of Gas not delivered up to the Minimum Monthly Quantity in any Month.
Notwithstanding anything herein to the contrary, SANYO shall have first priority with respect to any supply of Product and HOKU shall not deliver any Product to any other entity or person in any applicable monthly period unless HOKU has delivered to SANYO at least the Minimum Monthly Quantity of Product for such applicable monthly period.