NOTIFICATION AND NOMINATION. (a). With respect to the tonnage of Cliffs Pellets to be purchased by LTV for each of the years 2001 through 2009, as provided in Section 2, on or before November 1 of each of the years prior to the years above, LTV shall notify Cliffs in writing of LTV's preliminary tonnage of LTV's Annual Excess Pellet Tonnage Requirements which LTV shall purchase from Cliffs. Such notification shall include: (i) LTV's Annual Operating Plan for the following year detailed by months, as such Annual Operating Plan relates to LTV's planned monthly consumption of all pellets for such year; (ii) the tonnage of pellets which LTV expects to receive in the following year from LTV's Annual Equity Entitlements; (iii) the tonnage of pellets which LTV expects to receive in the following year from [* * * *] Annual Equity Entitlements; (iv) the tonnage of pellets which LTV expects to purchase in the following year from Cliffs; (v) LTV's expected total pellet inventory as of December 31 for the then current year; and (vi) LTV's planned total pellet inventory on December 31 for the following year. Tonnage Requirements for such year, less (ii) [* * * *] Annual Equity Entitlements. As relates to LTV's Cleveland Works, Cliffs understands that it is the desire of LTV to maximize the tonnage of Hibbing Pellets delivered by Cliffs for LTV's Cleveland Works and to have as much as possible of the non-Hibbing Pellet tonnage delivered by Cliffs for LTV's Cleveland Works be Northshore Pellets.
Appears in 2 contracts
Samples: Sale and Purchase Agreement (LTV Corp), Sale and Purchase Agreement (Cleveland Cliffs Inc)
NOTIFICATION AND NOMINATION. (a)) Overall Nomination. With respect to the tonnage of Cliffs Pellets Required Minimum Tonnage to be purchased by LTV for Mittal in each of the years 2001 year 2006 through 20092010, inclusive, as provided in Section 21.1, on or before November 1 of each [*********] of the years prior to year (excluding the years aboveyear 2006, LTV which has been separately provided for in Section 1.3(b)), Mittal shall notify Cliffs in writing of LTV's preliminary tonnage of LTV's Annual Excess Pellet Tonnage Requirements which LTV shall purchase from Cliffs. Such notification shall includeof: (i) LTV's Annual Operating Plan Xxxxxx’x proposed allocation of the Required Minimum Tonnage among the Covered Facilities for the following year detailed by months, as such Annual Operating Plan relates to LTV's planned monthly consumption of all pellets for such coming year; (ii) whether Mittal proposes to purchase any tons in excess of the tonnage of pellets which LTV expects to receive Required Minimum Tonnage in the following coming year from LTV's Annual Equity Entitlements(any such excess, the “Excess Tonnage”) and, if so, the amount and allocation of the Excess Tonnage among the Covered Facilities; (iii) whether Mittal proposes to transfer any pellets (including Excess Tonnage) to any Other Facility and, if so, the tonnage of pellets which LTV expects amount to receive in the following year from [* * * *] Annual Equity Entitlementsbe transferred to any Other Facility; (iv) the tonnage ore grades and types of pellets which LTV expects proposed to purchase in be supplied by Cliffs and purchased by Mittal during the following year from Cliffs; (v) LTV's expected total pellet inventory as of December 31 for the then current coming year; and (viv) LTV's planned total pellet inventory on December 31 a preliminary delivery schedule by ore grade for the following year. Tonnage Requirements for such year, less (ii) [* * * *] Annual Equity Entitlements. As relates to LTV's Cleveland Works, Cliffs understands that it is the desire of LTV to maximize the tonnage of Hibbing Pellets delivered by Cliffs for LTV's Cleveland Works and to have as much as possible each month of the non-Hibbing Pellet tonnage delivered coming year (collectively, the “Annual Nomination”). Such matters shall be reduced to writing and confirmed by Mittal and Cliffs for LTV's Cleveland Works by [*********]. If Mittal fails to adhere to the provisions of this Section 1.3(a), then Cliffs shall be Northshore Pelletsentitled to proceed in the coming year on the basis of the prior year’s Annual Nomination, and Mittal shall be obligated to accept such performance; provided, that Cliffs shall use commercially reasonable efforts to mitigate its damages (including by adjusting iron ore pellet production to the extent commercially reasonable) upon receipt of evidence from Mittal that is reasonably satisfactory to Cliffs that Mittal will not be able to proceed in the coming year on the basis of the prior year’s Annual Nomination.
Appears in 2 contracts
Samples: Umbrella Agreement, Umbrella Agreement (Cliffs Natural Resources Inc.)
NOTIFICATION AND NOMINATION. CONFIDENTIAL MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSION. (a). With respect to the tonnage of Cliffs Pellets to be purchased by LTV Steel for the year 2002, as provided in Section 2, on or before April 30 of the current year, Steel shall notify Cliffs in writing of Steel’s preliminary tonnage of Steel’s Annual Pellet Tonnage Requirements which Steel shall purchase from Cliffs. Such notification shall include: (i) Steel’s Annual Operating Plan for the balance of the current year detailed by months, as such Annual Operating Plan relates to Steel’s planned monthly consumption of all pellets for such year; (ii) the tonnage of Cliffs Pellets which Steel expects to purchase in the current year from Cliffs; and (iii) Steel's planned monthly pellet consumption for the first four months of the year 2003. CONFIDENTIAL MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSION. (b). With respect to the tonnage of Cliffs Pellets to be purchased by Steel for each of the years 2001 2003 through 20092016, as provided in Section 2, on or before November 1 of each of the years prior to the years above, LTV Steel shall notify Cliffs in writing of LTV's Steel’s preliminary tonnage of LTV's Steel’s Annual Excess Pellet Tonnage Requirements which LTV Steel shall purchase from Cliffs. Such notification shall include: (i) LTV's Steel’s Annual Operating Plan for the following year detailed by months, as such Annual Operating Plan relates to LTV's Steel’s planned monthly consumption of all pellets for such yearyear (“Steel’s AOP”); (ii) the tonnage of pellets Cliffs Pellets which LTV expects to receive in the following year from LTV's Annual Equity Entitlements; (iii) the tonnage of pellets which LTV expects to receive in the following year from [* * * *] Annual Equity Entitlements; (iv) the tonnage of pellets which LTV Steel expects to purchase in the following year from Cliffs; (viii) LTV's Steel’s expected total pellet inventory as of December 31 for the then current year; and (viiv) LTV's Steel’s planned total pellet inventory on December 31 for the following year. Tonnage Requirements ; and (v) Steel's planned monthly pellet consumption for such year, less (ii) [* * * *] Annual Equity Entitlements. As relates to LTV's Cleveland Works, Cliffs understands that it is the desire of LTV to maximize the tonnage of Hibbing Pellets delivered by Cliffs for LTV's Cleveland Works and to have as much as possible first four months of the non-Hibbing Pellet tonnage delivered by Cliffs for LTV's Cleveland Works be Northshore Pelletsyear which succeeds the following year.
Appears in 1 contract
Samples: Pellet Sale and Purchase Agreement (Cliffs Natural Resources Inc.)