Limitation on Force Majeure Claims from Approved Production Sources Sample Clauses

Limitation on Force Majeure Claims from Approved Production Sources. (a) Each Confirmation will designate Seller’s Approved Production Source(s) and, if there is more than one Approved Production Source, which of such Source(s) shall be Seller’s Force Majeure Production Source. At least thirty (30) days, but not more than forty-five (45) days, prior to the beginning of each Contract Half-Year during the Term of each Confirmation, Seller may designate in writing one or more of such Approved Production Sources as the Force Majeure Production Sources for the next Contract Half-Year for such Confirmation. Seller’s notice will include, for purposes of this Article XII, the quantity of Coal that Seller intends as of that time to deliver under the Confirmation from each Force Majeure Production Source during each month of the next Contract Half-Year, provided, however, that the total quantity of Coal for each month under that Confirmation from all Force Majeure Production Sources may not exceed the Seller’s total tonnage obligation for the applicable month of the Contract Half-Year (based on ratable deliveries and receipts of the Contract Quantity of Coal during each month of the Contract Half-Year, together with any make-up tonnages that the Parties have agreed to deliver and receive during such period pursuant to Sections 3.3 or 12.2). Seller may not designate an Approved Production Source as a Force Majeure Production Source if at the time of such designation it is then being adversely impacted by an event of Force Majeure, or if Buyer has previously notified Seller that Seller’s right to schedule and deliver Coal from that Approved Production Source is terminated pursuant to Sections 3.3 or 12.5. If Seller does not designate one or more Force Majeure Production Source(s) by the deadline set forth above for Seller’s entire tonnage obligation for the next Contract Half-Year (as such obligation is described above) for a Confirmation, the previously designated Force Majeure Production Source for the Confirmation will be deemed the Force Majeure Production Source as to that portion of Seller’s tonnage obligation for which a Force Majeure Production Source has not been designated. If there is no previously designated Force Majeure Production Source(s) for a Confirmation, then the tonnage reduction due to Force Majeure will be proportioned among the Approved Production Sources, based upon the tonnage delivered from the Approved Production Sources from the commencement date of the then current Contract Half-Year to the commencement da...
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