BTU Variations Sample Clauses

BTU Variations. The Purchase Price per ton is based on coal having ****** BTUs per pound as received at the Point of Delivery. If the weighted average calorific value (ACV) of the coal delivered in any month differs from ****** BTUs per pound, the total Purchase Price paid for coal in that month shall be adjusted by adding or subtracting, as appropriate, the applicable "ACV Adjustment," calculated as follows: ACV Adjustment = W(P) [(QA-******)/******)] Where: w = tons of coal delivered in the month. P = The Purchase Price for the coal. QA = Actual weighted average "as-received" BTU per pound for the coal delivered during the month. During those months when coal is delivered at different prices due to changes in tiers or changes in severance taxes, Seller shall invoice Buyer separately for each Purchase Price applicable during such month, and ACV Adjustments shall be calculated for each Purchase Price determined pursuant to Section 5.03, based on the actual weighted average BTUs per pound for the coal received during that month. No rounding shall be done in the calculation of the ACV Adjustments. The penalties or premiums as provided in Section 4.0l(f), the Offsite Coal payment as provided in Section 3.03(b), and the Reliability Deficiency Tonnage payment as provided in Section 3.09(e) are not subject to the ACY Adjustment
Sample 1
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BTU Variations. The Purchase Price per ton is based on coal having ****** BTUs per pound as received at the Point of Delivery. If the weighted average calorific value ("ACV") of the coal delivered in any month differs from ****** BTUs per pound, the total Purchase Price paid for coal in that month shall be adjusted by adding or subtracting, as appropriate, the applicable "ACV Adjustment," calculated as follows: For Low Sulfur Coal ACV Adjustment = [WL(PL)] [(QA-H - ******) / ******)] Where: WL = tons of Low Sulfur Coal delivered in such month. PL = The Purchase Price for such coal. QAL = Actual weighted average "as-received" BTU per pound for such coal delivered during the month. For High Sulfur Coal ACV Adjustment = [WH(PH)] [(QA-H - ******) /******)] Where: WH = tons of High Sulfur Coal delivered in such month. PH = The Purchase Price for such coal. QAH = Actual weighted average "as-received" BTU per pound for such coal delivered during the month. For purposes of this Section 5.06 and Section 6.01, ''Low Sulfur Coal" shall mean coal delivered by Seller to Units I and 2, but excluding coal diverted pursuant to Section 4.02(g), and "High Su1fur Coal" shall mean coal delivered by Seller for Xxxx 0 and coal diverted pursuant to Section 4.02(g). For the period from January 1, 2013 to December 31, 2016, the Purchase Price shall be subject to the same ACV Adjustment for single stream deliveries. During those months when coal is delivered at different prices due to changes in tiers or changes in severance taxes, Seller shall invoice Buyer separately for each Purchase Price applicable during such month, and ACV Adjustments shall be calculated for each Purchase Price determined pursuant to Section 5.03, based on the actual weighted average BTUs per pound for such coal received during that month. No rounding shall be done in the calculation of the ACV Adjustments. The penalties or premiums as provided in Sections 4.01(f), 4.05 and 4.06, the Offsite Coal payment as provided in Section 3.03(b), and the Reliability Deficiency Tonnage payment as provided in Section 3.09(e) are not subject to the ACY Adjustment.
Sample 1

Related to BTU Variations

  • WAIVER AND VARIATION 16.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by Law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy.

  • Variations No variation of this Agreement shall be effective unless in writing and signed by or on behalf of the Parties.

  • Variations in Pronouns All pronouns and any variations thereof refer to the masculine, feminine or neuter, singular or plural, as the context may require.

  • Variation No variation of this Agreement shall be effective unless in writing and signed by or on behalf of each of the Parties.

  • No variation This Agreement cannot be amended or varied except in writing signed by the parties.

  • Deletions Sections 4.02, 4.03, 4.04, 4.05, 4.07, 4.08, 4.09, 4.10, 4.11, 4.12, 6.01(5) and 6.01(8) of the Indenture are hereby amended by deleting all such sections and all references thereto in their entirety.

  • Variations of Pronouns All pronouns and all variations thereof shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the context in which they are used may require.

  • Amendments, Changes and Modifications This Agreement may be amended, changed, modified, altered or terminated only by written instrument or written instruments signed by all of the parties hereto.

  • Variations, waivers etc requiring agreement of all Lenders. However, as regards the following, Clause 27.1 applies as if the words “by the Agent on behalf of the Majority Lenders” were replaced by the words “by or on behalf of every Lender”:

  • Variation of Pronouns All pronouns and any variations thereof shall be deemed to refer to masculine, feminine or neuter, singular or plural, as the identity of the Person or Persons may require.

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