Invoice Adjustments. (i) During the Initial Year and each Contract Year, amounts payable by Purchaser to Seller pursuant to Section 3.3(b) shall be subject to the following Monthly adjustments (as applicable): (A) Section 45 Credits as set forth in Section 3.2 (including any reductions or increases thereto as set forth in Section 3.2(d)); (B) Amounts payable pursuant to Article VII; (C) Adjustment(s) to the Coke Price as set forth in Section 5.1(b)(ii) and Schedule 5.1; (D) The Coke Price Discount in respect of any Nonconforming Coke Tonnage accepted or commingled by Purchaser as set forth in Section 5.1(b)(v); (E) Direct costs that are creditable by Purchaser to Seller or, as applicable, reimbursable by Purchaser to Seller pursuant to Section 6.3; (F) The Production Turndown Adjustment Fee; and (G) The Railroad Deficit Charge. (ii) During each Contract Year, amounts payable by Purchaser to Seller pursuant to Section 3.3(b) shall be subject to the following adjustments (as applicable), in addition to the adjustments set forth in clause (i) of this Section 3.3(c): (A) Any credit or payment, as the case may be, as determined in accordance with Section 3.1(c)(iv); and (B) Any credit or payment, as the case may be, in respect of any positive or negative difference between the Actual O&M Component and the Forecasted O&M Component, as determined in accordance with Section 3.1(c)(vi).
Appears in 5 contracts
Samples: Coke Purchase Agreement, Coke Purchase Agreement (SunCoke Energy Partners, L.P.), Coke Purchase Agreement (SunCoke Energy, Inc.)
Invoice Adjustments. (i) During Throughout the Initial Year and each Contract YearTerm, amounts payable by Purchaser to Seller pursuant to Section 3.3(b) shall be subject to the following Monthly adjustments (as applicable):
(A) Section 45 Credits as set forth in Section 3.2 (including any reductions or increases thereto as set forth in Section 3.2(d));
(B) Amounts payable pursuant to Article VII;
(C) Adjustment(s) to the Coke Price as set forth in Section 5.1(b)(ii) and Schedule 5.1;
(D) The Coke Price Discount in respect of any Nonconforming Coke Tonnage accepted or commingled by Purchaser as set forth in Section 5.1(b)(v5.1(b)(iii);
(E) Direct costs that are creditable by Purchaser to Seller or, as applicable, reimbursable by Purchaser to Seller pursuant to Section 6.3;
(F) The Production Turndown Adjustment Fee; and;
(G) The Railroad Deficit Charge.;
(ii) During each Contract Year, amounts payable by Purchaser to Seller pursuant to Section 3.3(b) shall be subject to the following adjustments (as applicable), in addition to the adjustments set forth in clause (i) of this Section 3.3(c):
(AH) Any credit or payment, as the case may be, as determined in accordance with Section 3.1(c)(iv); and
(BI) Any credit or payment, as the case may be, in respect of any positive or negative difference between the Actual O&M Component and the Forecasted O&M Component, as determined in accordance with Section 3.1(c)(vi).
Appears in 4 contracts
Samples: Coke Purchase Agreement (SunCoke Energy Partners, L.P.), Coke Purchase Agreement (SunCoke Energy, Inc.), Coke Purchase Agreement (SunCoke Energy, Inc.)