Everyone attack me at once if this isnt correct......Also if it...

Everyone attack me at once if this isnt correct......Also if it is correct and doesnt align with what you hope for, which will certainly happen.

Would a binding contract not be worded more along the lines of
''SKI will buy xyz material for this period''? 
not ''SKI will buy xyz materials for this period.....if we successfully get a mine''

There is a binding offtake agreement writtenup and being finalised by the companies involved  but it is not activated as of yet. There are conditions that if met will activate the binding agreement. Its a binding term sheet meaning it is the precursor to the binding offtake agreement. They are two different sections of the document, part A the term sheet, once complete activates part B the actual offtake. It is named a binding term sheet but nothing about it is binding in the meaning of AUZ selling materials to SKI until the boxes are ticked. The only sense of the term sheet being binding is until the date, now moved to the 19 Sep 19, SKI are potentially going to be customers of AUZ. So SKI cannot walk out of the agreement until such time and are bound by weather finance is obtained or not.