Common use of Nomination Procedure Clause in Contracts

Nomination Procedure. The quantity of Product to be supplied by SELLER to BUYER under this Contract during the term hereof shall be determined as follows: 2.5.1. BUYER shall inform by written notice to SELLER the Nominated Annual Quantity and an estimate of the Monthly Quantities to be supplied under this Contract in each Mining Year, determined in accordance with BUYER's annual budget, subject to Clauses 2.2, 2.3 and 2.4 above, by October 31 of the preceding Mining Year. Unless the Nominated Annual Quantity informed by BUYER is not in accordance with Clauses 2.2, 2.3 and 2.4 above, such Nominated Annual Quantity shall be the quantity of Product established for the relevant Mining Year. For the avoidance of doubt, the acquisition by BUYER of amounts below the Nominated Annual Quantity shall not be considered as BUYER’s Default (as defined in Clause 10.4 below). 2.5.2. At least [•] days before the commencement of each quarter of each Mining Year, BUYER shall deliver to SELLER a nomination of the Monthly Quantity(ies) (hereinafter referred to as the “Nominated Monthly Quantity”). SELLER undertakes to make available to BUYER in each month of a Mining Year, but BUYER shall not in any event be obligated to take delivery of, the quantity of the Nominated Monthly Quantity. For the avoidance of doubt, the acq uisition by BUYER of amounts below the Nominated Monthly Quantities shall not be considered as BUYER’s Default (as defined in Clause 10.4 below).

Nomination Procedure. The quantity of Product to be supplied by SELLER to BUYER under this Contract during the term hereof shall be determined as follows: 2.5.1. BUYER shall inform by written notice to SELLER the Nominated Annual Quantity and an estimate of the Monthly Quantities to be supplied under this Contract in each Mining Year, determined in accordance with BUYER's annual budget, subject to Clauses 2.2, 2.3 and 2.4 above, above by October 31 of the preceding Mining Year. Unless the Nominated Annual Quantity informed by BUYER is not in accordance with Clauses 2.2, 2.3 and 2.4 above, such Nominated Annual Quantity shall be the quantity of Product established for the relevant Mining Year. For the avoidance of doubt, the acquisition by BUYER of amounts below the Nominated Annual Quantity shall not be considered as BUYER’s Default (as defined in Clause 10.4 below). 2.5.2. At least [•] days before the commencement of each quarter of each Mining Year, BUYER shall deliver to SELLER a nomination of the Monthly Quantity(ies) ). (hereinafter referred to as the “Nominated Monthly Quantity”). SELLER undertakes to make available to BUYER in each month of a Mining Year, but BUYER shall not in any event be obligated to take delivery of, the quantity of the Nominated Monthly Quantity. For the avoidance of doubt, the acq uisition acquisition by BUYER of amounts below the Nominated Monthly Quantities shall not be considered as BUYER’s Default (as defined in Clause 10.4 below).

Nomination Procedure. The quantity of Product to be supplied by SELLER to BUYER under this Contract during the term hereof shall be determined as follows: 2.5.1. BUYER shall inform by written notice to SELLER the Nominated Annual Quantity and an estimate of the Monthly Quantities to be supplied under this Contract in each Mining Year, determined in accordance with BUYER's annual budget, subject to Clauses 2.2, 2.3 and 2.4 above, by October 31 of the preceding Mining Year. Unless the Nominated Annual Quantity informed by BUYER is not in accordance with Clauses 2.2, 2.3 and 2.4 above, such Nominated Annual Quantity shall be the quantity of Product established for the relevant Mining Year. For the avoidance of doubt, the acquisition by BUYER of amounts below the Nominated Annual Quantity shall not be considered as BUYER’s Default (as defined in Clause 10.4 below). 2.5.2. At least [•] days before the commencement of each quarter of each Mining Year, BUYER shall deliver to SELLER a nomination of the Monthly Quantity(ies) (hereinafter referred to as the “Nominated Monthly Quantity”). SELLER undertakes to make available to BUYER in each month of a Mining Year, but BUYER shall not in any event be obligated to take delivery of, the quantity of the Nominated Monthly Quantity. For the avoidance of doubt, the acq uisition acquisition by BUYER of amounts below the Nominated Monthly Quantities shall not be considered as BUYER’s Default (as defined in Clause 10.4 below).

Nomination Procedure. The quantity of Product to be supplied by SELLER to BUYER under this Contract during the term hereof shall be determined as follows: 2.5.1. BUYER shall inform by written notice to SELLER the Nominated Annual Quantity and an estimate of the Monthly Quantities to be supplied under this Contract in each Mining Year, determined in accordance with BUYER's annual budget, subject to Clauses 2.2, 2.3 and 2.4 above, above by October 31 of the preceding Mining Year. Unless the Nominated Annual Quantity informed by BUYER is not in accordance with Clauses 2.2, 2.3 and 2.4 above, such Nominated Annual Quantity shall be the quantity of Product established for the relevant Mining Year. For the avoidance of doubt, the acquisition by BUYER of amounts below the Nominated Annual Quantity shall not be considered as BUYER’s Default (as defined in Clause 10.4 below). 2.5.2. At least [•] days before the commencement of each quarter of each Mining Year, BUYER shall deliver to SELLER a nomination of the Monthly Quantity(ies) ). (hereinafter referred to as the “Nominated Monthly Quantity”). SELLER undertakes to make available to BUYER in each month of a Mining Year, but BUYER shall not in any event be obligated to take delivery of, the quantity of the Nominated Monthly Quantity. For the avoidance of doubt, the acq uisition ac quisition by BUYER of amounts below the Nominated Monthly Quantities shall not be considered as BUYER’s Default (as defined in Clause 10.4 below).