Common use of Make-Up Clause in Contracts

Make-Up. In the event that a Force Majeure Event occurs, the delivery of the affected quantity of coal shall be made up by the Parties during the Contract Year in which such Force Majeure Event occurred, unless not reasonably practicable, in which case the delivery of the affected quantity of coal shall be made-up as soon as practicable in the following Contract Year; provided that coal delivered in the following Contract Year shall be applied first to make-up deliveries affected by a Force Majeure Event. Coal delivered pursuant to this Section 8.4 shall be delivered on a delivery schedule agreed to by the Parties, and the Base Price to be paid by Buyer for coal delivered pursuant to this Section 8.4 shall be the Base Price in effect when the applicable Force Majeure Event occurred.

Appears in 6 contracts

Samples: Supply Agreement (Vectren Utility Holdings Inc), Coal Supply Agreement (Vectren Utility Holdings Inc), Coal Supply Agreement (Vectren Utility Holdings Inc)

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