RE:ROOF breaking newsTake or pay contract.....
However, if McAsphalt fails to take the Product according to the agreed schedule, or is rendered unable to take the Product for any reason whatsoever (save force majeure or a cause attributable to Northstar), for a period longer than three (3) consecutive days from the agreed schedule and causes the Calgary Facility to shut down for any reason, then McAsphalt will pay to Northstar a fixed and sole remedy daily fee ( the “Daily Take or Pay Fee” ) equal to the average of the previous 10 days production before its failure to take the Product times the Purchase Price until McAsphalt resumes full offtake of the Blended Product, plus any reasonable and agreed start-up costs required to re-instate full production.