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Buyer-seller agreement where (unlike in a take or pay contract) the buyer's obligation to pay is not unconditional, but is contingent either upon the delivery of purchased goods or services or upon the buyer's consent to take the delivery.
Take-and-pay contract. An agreement that obligates the purchaser to take any product that is offered (and pay the cash purchase price) and pay a specified amount if the product is not taken.
A provision in a project finance transaction between a project company and an offtaker that requires the offtaker to either purchase and take delivery of the product (or use a service) or pay a specified amount to the project company.
An assignment of oil and gas lease is a contractual agreement between a landowner and an oil or gas company in which the company gains the right to explore for, develop, and produce oil and gas from the property.
An offtake agreement is an arrangement between a producer and a buyer to purchase or sell portions of the producer's upcoming goods. It is normally negotiated before the construction of a factory or facility to secure a market and revenue stream for its future output.
A ?take or pay? term provides that the buyer is obligated to make payment even if it cannot accept delivery of product at the agreed time for delivery. A ?take and pay? term places the obligation on the buyer both to make payment and to accept delivery, even if it cannot use the product.
A contract used in the oil & gas industry that obligates the buyer to take an agreed minimum quantity of gas at a set contract price over a given period of time or to pay an agreed-on amount if the minimum gas quantity is not taken.
Take or pay is a type of provision in a purchase contract that guarantees the seller a minimum portion of the agreed-on payment if the buyer does not follow through with actually buying the full amount of goods.