During the Term, SG shall purchase the Products selling to Tier 1 Markets not less than the MOV from GS SH as set in Table 1.
Minimum Annual Royalty. For the period comprising the first four calendar quarters commencing after the Effective Date and for each subsequent period comprising the first four calendar quarters commencing after every anniversary of the Effective Date during the Term, Assignee shall pay to Assignor a minimum annual royalty payment of [ ]provided that Assignee may deduct from such minimum annual royalty payment any royalty payments paid to Assignor pursuant to Section 3.4 on sales in such four calendar quarters. Each minimum annual royalty payment, to the extent not reduced to zero by the deductions above shall be due and payable within [ ] after the end of the fourth calendar quarter for each period, together with any royalty due pursuant to Section 3.4 on sales in the fourth calendar quarter.
Term Section 3 # of the Supply Agreement shall be amended by deleting in its entirety and replacing with the following: Unless extended or unless terminated under this Section 3, this Agreement will remain in effect until December 31, 2018 (the Term).
Commencing January 1, 2016, PEF may purchase from Tejon a minimum of 0 acre-feet (“AF”) per calendar year (“AF/A”) and maximum of 2,000 AF/A of Tejon Water, with daily and monthly volumes delivered to Pastoria as scheduled pursuant to this Agreement (“Annual Volume”). The election to purchase any specific quantity of Annual Volume shall be made by PEF in its Annual Volume Scheduling Notice submitted accordance with Section 5.1 below.
Unit Volume Payments. PEF shall pay “Unit Volume Payments” of $1,025 per AF of Annual Volume and Additional Supply delivered to the Points of Delivery, with a 3% annual escalator to this fixed fee commencing January 1, 2017. The Annual Option Payment (discussed in Section 7.1 above) will be credited toward the Unit Volume Payments.
If at the end of each Annual True-up Period, the total volume of Crude Oil delivered, or caused to be delivered, by Tapstone to Plains under this Agreement and under the contracts listed on the attached Exhibit D (as the same may be amended from time to time by mutual agreement of the parties) is less than the Minimum Quantity for such Annual True-up Period (the deficiency being the Deficiency Volume), then a Deficiency Payment shall be made by Tapstone to Plains. The Deficiency Payment shall be determined by multiplying any such Deficiency Volume by the then applicable annual E rate (as defined in Section 1 above) in effect during that Annual True-up Period.
To order Product(s), [[Bank of America:Organization]] or any of its Affiliates shall Issue [[Organization A:Organization]] an Order or other written authorization delivered in hard copy, via facsimile or other form of electronic communication referring to this Agreement. [[Bank of America:Organization]] shall not be obligated to pay for Product in the absence of such an Order. [[Organization A:Organization]] shall not deliver software not licensed to [[Bank of America:Organization]].
At any time on or after January 1, 2017, PEF may increase the maximum Annual Volume by up to an additional 1,500 AF/A, such that the total maximum Annual Volume shall thereafter be up to 3,500 AF per calendar year. The election(s) to increase the Annual Volume shall be made by PEF in its Annual Volume Scheduling Notice(s) submitted accordance with Section 5.1 below.
Mine Pool Storage Volume: Purchaser shall provide storage volume using all void space (the mine workings) from a minimum of 30 feet below the sill of 11 Level at the No. 2 Raise to the sill of 10 Level at the No. 2 Raise.
Annual Volume and Additional Supply delivered to Groundwater Storage shall be subject to the Groundwater Storage and Recovery Payments described in [Section 7.3] and one time Unit Volume Payments. The delivery of Tejon Water from Groundwater Storage to Pastoria shall not be subject to any additional Unit Volume Payments.
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