Common use of Commencement of Deliveries Clause in Contracts

Commencement of Deliveries. (a) Seller shall commence deliveries of coal hereunder pursuant to the first monthly Order of Keystone sent to Seller pursuant to Section 4.3 in order to meet the anticipated testing coal and stockpile needs and in order to meet the anticipated Preliminary Operation Date during the first calendar quarter of 1994. Seller shall subsequently commence deliveries of coal hereunder pursuant to the monthly Orders of Keystone sent to Seller pursuant to Section 4.3 in order to meet the anticipated Commercial Operation Date during the last calendar quarter of 1994. Keystone agrees to provide notices to Seller at least quarterly beginning as of the first day of the first calendar quarter beginning after the Financial Closing Date, as to the status of the construction of the Facility and promptly to provide notices to Seller of the estimated specific dates of, and any changes in, either the anticipated Preliminary Operation Date or the anticipated Commercial Operation Date. Keystone shall notify Seller of the Preliminary Operation Date and the Commercial Operation Date immediately upon the determinations of such dates. (b) In the event that delivery of the first Shipment of coal shall not have occurred by July 1, 1994, then upon the written request of Seller to Keystone, Sections 7.1, 7.4 and 8.4 shall be renegotiated by Seller and Keystone in good faith to reflect any cost increases to Seller as a result of such delay. If, after 30 days of negotiations the parties are unable to agree, Seller shall be entitled to submit the dispute to arbitration pursuant to Article XVIII. In the event that the Commercial Operation Date shall not have occurred by January 1, 1996, Seller or Keystone may terminate this Agreement upon notice to the other party, and neither party shall have any further obligation to the other party pursuant to this Agreement, except obligations to make payments of money already due to the other party.

Commencement of Deliveries. (a) Seller shall commence deliveries of coal hereunder pursuant to the first monthly Order of Keystone sent to Seller pursuant to Section 4.3 in order to meet the anticipated testing coal and stockpile needs and in order to meet the anticipated Preliminary Operation Date during the first calendar quarter of 1994. Seller shall subsequently commence deliveries of coal hereunder pursuant to the monthly Orders of Keystone sent to Seller pursuant to Section 4.3 in order to meet the anticipated Commercial Operation Date during the last calendar quarter of 1994. Keystone agrees to provide notices to Seller at least quarterly beginning as of the first day of the first calendar quarter beginning after the Financial Closing Date, as to the status statuts of the construction of the Facility and promptly to provide notices to Seller of the estimated specific dates of, and any changes in, either the anticipated Preliminary Operation Date or the anticipated Commercial Operation Date. Keystone shall notify Seller of the Preliminary Operation Date and the Commercial Operation Date immediately upon the determinations of such dates. (b) In the event that delivery of the first Shipment of coal shall not have occurred by July 1, 1994, then upon the written request of Seller to Keystone, Sections 7.1, 7.4 and 8.4 shall be renegotiated by Seller and Keystone in good faith to reflect any cost increases to Seller as a result of such delay. If, after 30 days of negotiations the parties are unable to agree, Seller shall be entitled to submit the dispute to arbitration pursuant to Article XVIII. In the event that the Commercial Operation Date shall not have occurred by January 1, 1996, Seller or Keystone may terminate this Agreement upon notice to the other party, and neither party shall have any further obligation to the other party pursuant to this Agreement, except obligations to make payments of money already due to the other party.