I could be wrong but I think the original agreement was not clear on the contract ceasing once the refinery started. As I remember it occupied HC posters for months\years with what was in and what was out. It was really only cleared up late last year by BL how it was going to work. Even so, to enter into a contract on assumptions in itself is sloppy, just like the assumption on the price of spod would not go much above $900 when they were banking on the demand for lithium was in short supply and demand was going to take off.
I could be wrong but I think the original agreement was not...
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