Sand And Gravel Purchase Agreement

7.5 Survival. Upon the expiration of this Agreement or termination of the Agreement, for any reason, all obligations of the parties under this Agreement, with the exception of commitments expressly stated as being expressly stated beyond the expiration or termination of this Agreement and any obligations that continue to be performed (with the exception of minimum purchase obligations), terminate, to the extent that they are executed, shall remain in full force and effect until the committed Party is fully executed in accordance with this Agreement. The obligations of the parties concerned under Section 3.7 of Article IV, Section 5.1, this Section 7.5, Article VIII and Article X shall apply even after the expiration of the term or termination of this Agreement. The expiration or termination of this Agreement does not relieve any party of any liability for any breach of this Agreement prior to such termination or termination. (a) the purchase price of the good is (i) $[*]$1 per tonne (adjusted in accordance with point 3.1(b), the “product price”), plus (ii) all costs and expenses incurred by the supplier in handling and transporting the supplier`s original source to the designated terminal, including all railway costs, car costs and handling charges at the place of destination, “source of origin” means the place of origin of the supplier`s rail shipment. (a) Subject to the terms of this Agreement, Supplier agrees to sell and deliver to Customer and Customer agrees to purchase and deliver to Supplier a total of 1 tonne of Products in each year of the Contract (the “Maximum Annual Purchase Amount”). The customer agrees to purchase and receive the product on a reasonable basis in each calendar month. (b) Where the Customer is liable for a default of payment for one month, he has the right to order excess quantities of Products during the three calendar months immediately after a standard delivery period (this period is referred to as the “Make-up Delivery Period”), subject to the Supplier`s ability to supply such excess quantities. The customer receives, as a credit for the purchase of these excess quantities, USD 1 per ton of this excess volume, but in no case more than the amount of the default to be paid by the customer for that month. If the supplier is responsible for a default of payment for one month, it has the right to deliver, and the customer agrees to purchase excess quantities of products during the three calendar months immediately after this standard delivery period, and the supplier receives $[*]1 per ton of this excess volume in credit for this bad payment. in no case more than the amount of the payment error to be paid by the supplier for that month.

For the avoidance of doubt, the supplier is not obliged to provide the customer, during this delivery period, with quantities of products in excess of the minimum monthly requirement; and, in addition, if, after such a delivery period, neither the customer nor the supplier is entitled to additional credits in respect of a part of the default that has not been credited during that delivery period. . . .