Common use of Cure of Non-Normal Conditions Clause in Contracts

Cure of Non-Normal Conditions. The Parties intend that cooperation among the Parties in developing and agreeing upon a Cure Plan (as defined below) is preferable to pursuing termination of this Agreement. The Parties will provide reasonable cooperation to facilitate SJCC’s cure of Non-Normal Conditions to avoid SJCC Default while allowing Utility to continue operation of the San Xxxx Station. To initiate and effectuate cure of the Non-Normal Condition, SJCC shall do the following: (1) Provide within fifteen (15) days after notice of Non-Normal Conditions, or as otherwise agreed to by the Parties, a written cure plan to the Joint Committee describing SJCC’s proposed means of curing the Non-Normal Conditions and its proposed deliveries in the interim (“Cure Plan”); (2) Within thirty (30) days after notice of Non-Normal Conditions, or as otherwise agreed to by the Parties, SJCC may provide written offers to Utility to supply Non-SJCC Coal. SJCC will provide coal quality information for the Non-SJCC Coal with the written offers and will propose the delivery schedule and quantity of Non-SJCC Coal to be supplied. (3) Within fifteen (15) days after receipt of a proposed Cure Plan, the Joint Committee shall meet to consider and act on the Cure Plan. (4) Within fifteen (15) days after receipt of an offer to supply Non-SJCC Coal, the Joint Committee will meet to approve or reject the Non-SJCC Coal offer. Failure to approve the offer shall constitute its rejection. (5) For offers of Non-SJCC Coal only, such Non-SJCC Coal shall have an average heating value of not less than 9,100 BTU per pound, as received, averaged over any twenty-four (24) hour period. (6) As part of its Cure Plan, SJCC will provide weekly written notice to Utility of daily inventory levels of the Reserve of Coal.

Cure of Non-Normal Conditions. The Parties intend that cooperation among the Parties in developing and agreeing upon a Cure Plan (as defined below) is preferable to pursuing termination of this Agreementthe CSA. The Parties will provide reasonable cooperation to facilitate SJCC’s 's cure of Non-Normal Conditions to avoid SJCC Material Default while allowing Utility the Utilities to continue operation of the San Xxxx Station. To initiate and effectuate cure of the Non-Normal Condition, SJCC shall do the following: (1) Provide within fifteen (15) days after of notice of Non-Normal Conditions, or as otherwise agreed to by the Parties, a written cure plan to the Joint Committee describing SJCC’s 's proposed means of curing the Non-Normal Conditions and its proposed deliveries in the interim (“"Cure Plan”"); (2) Within thirty (30) days after of notice of Non-Normal Conditions, or as otherwise agreed to by the Parties, SJCC may provide written offers to Utility the Utilities to supply Non-SJCC Coal. If the Non-Normal Conditions are caused by "Uncontrollable Forces" pursuant to Paragraph 17.1, then such Non-SJCC Coal will be priced [*]. If there is a dispute whether the Non Normal Conditions are caused by Uncontrollable Forces, the Non-SJCC Coal will be priced [*] and will be adjusted if necessary when the dispute is resolved. If the Non-Normal Conditions are not caused by Uncontrollable Forces, then, the Non-SJCC Coal shall be priced [*]. SJCC will provide coal quality information for the Non-SJCC Coal with the written offers and will propose the delivery schedule and quantity of Non-SJCC Coal to be supplied. (3) Within fifteen (15) days after of receipt of a proposed Cure Plan, the Joint Committee shall meet to consider and act on the Cure Plan. (4) Within fifteen (15) days after of receipt of an offer to supply Supply Non-SJCC Coal, the Joint Committee will meet to approve or reject the Non-SJCC Coal offer. Failure to approve the offer shall constitute its rejection. (5) For offers of Non-SJCC Coal only, such Non-SJCC Coal shall have an average heating value will meet the revised coal minimum quality standard of not less than 9,100 BTU at least [*] Btu per pound, pound measured as received, averaged over any twenty-four (24) hour periodprovided in Paragraph 5.2. (6) As part of its Cure Plan, SJCC will provide weekly written notice to Utility the Utilities of daily inventory levels of the Reserve of Coallevels.

Cure of Non-Normal Conditions. The Parties intend that cooperation among the Parties in developing and agreeing upon a Cure Plan (as defined below) is preferable to pursuing termination of this Agreement. The Parties will provide reasonable cooperation to facilitate SJCC’s 's cure of Non-Normal Conditions to avoid SJCC Material Default while allowing Utility the Utilities to continue operation of the San Xxxx Juan Station. To initiate and effectuate cure of the Non-Normal Condition, SJCC shall do the following: (1) Provide within fifteen (15) days after notice of Non-Normal Conditions, or as otherwise agreed to by the Parties, a written cure plan to the Joint Committee describing SJCC’s 's proposed means of curing the Non-Normal Conditions and its proposed deliveries in the interim (“"Cure Plan”"); (2) Within thirty (30) days after notice of Non-Normal Conditions, or as otherwise agreed to by the Parties, SJCC may provide written offers to Utility the Utilities to supply Non-SJCC Coal. If the Non-Normal Conditions are caused by uncontrollable forces pursuant to Paragraph 17.1, then such Non-SJCC Coal will be priced [*]. If there is a dispute whether the Non-Normal Conditions are caused by uncontrollable forces, the Non-SJCC Coal will be priced [*] and will be adjusted if necessary when the dispute is resolved. If the Non-Normal Conditions are not caused by uncontrollable forces, then, the Non-SJCC Coal shall be priced at [*]. SJCC will provide coal quality information for the Non-SJCC Coal with the written offers and will propose the delivery schedule and quantity of Non-SJCC Coal to be supplied. (3) Within fifteen (15) days after receipt of a proposed Cure Plan, the Joint Committee shall meet to consider and act on the Cure Plan. (4) Within fifteen (15) days after receipt of an offer to supply Non-SJCC Coal, the Joint Committee will meet to approve or reject the Non-SJCC Coal offer. Failure to approve the offer shall constitute its rejection. (5) For offers of Non-SJCC Coal only, such Non-SJCC Coal shall have an average heating value will meet the revised coal minimum quality standard of not less than 9,100 at least 8700 BTU per pound, pound measured as received, averaged over any twenty-four (24) hour periodprovided in Paragraph 5.2. (6) As part of its Cure Plan, SJCC will provide weekly written notice to Utility the Utilities of the daily inventory levels of the Reserve of Coal.

Cure of Non-Normal Conditions. The Parties intend that cooperation among the Parties in developing and agreeing upon a Cure Plan (as defined below) is preferable to pursuing termination of this Agreement. The Parties will provide reasonable cooperation to facilitate SJCC’s 's cure of Non-Normal Conditions to avoid SJCC Material Default while allowing Utility the Utilities to continue operation of the San Xxxx Juan Station. To initiate xnitiate and effectuate cure of the Non-Normal Condition, SJCC shall do the following: (1) Provide within fifteen (15) days after notice of Non-Normal Conditions, or as otherwise agreed to by the Parties, a written cure plan to the Joint Committee describing SJCC’s 's proposed means of curing the Non-Normal Conditions and its proposed deliveries in the interim (“"Cure Plan”"); (2) Within thirty (30) days after notice of Non-Normal Conditions, or as otherwise agreed to by the Parties, SJCC may provide written offers to Utility the Utilities to supply Non-SJCC Coal. If the Non-Normal Conditions are caused by Uncontrollable Forces, then such Non-SJCC Coal will be priced as Alternate Coal. If there is a dispute whether the Non-Normal Conditions are caused by Uncontrollable Forces, the Non-SJCC Coal will be priced as Alternate Coal and will be re-priced as Non-SJCC Coal if necessary when the dispute is resolved. If the Non-Normal Conditions are not caused by Uncontrollable Forces, then, the Non-SJCC Coal shall be priced as described in Section 8 "SJCC Compensation". SJCC will provide coal quality information for the Non-SJCC Coal with the written offers and will propose the delivery schedule and quantity of Non-SJCC Coal to be supplied. (3) Within fifteen (15) days after receipt of a proposed Cure Plan, the Joint Committee shall meet to consider and act on the Cure Plan. (4) Within fifteen (15) days after receipt of an offer to supply Non-SJCC Coal, the Joint Committee will meet to approve or reject the Non-SJCC Coal offer. Failure to approve the offer shall constitute its rejection. (5) For offers of Non-SJCC Coal only, such Non-SJCC Coal shall have an average heating value will meet the revised coal minimum quality standard of not less than 9,100 at least 8700 BTU per pound, pound measured as received, averaged over any twenty-four (24) hour periodprovided in Section 5.2 "Coal Quality". (6) As part of its Cure Plan, SJCC will provide weekly written notice to Utility the Utilities of daily inventory levels of the Reserve of Coal.