Common use of Purchaser Obtained Coke Clause in Contracts

Purchaser Obtained Coke. Seller shall promptly notify Purchasers in Writing in the event Seller reasonably believes it cannot deliver Third Party Supplied Coke pursuant to Section 6.3 hereof and the amount of projected shortfall between Third Party Supplied Coke and the Coke Supply and Purchase Obligation. If Seller does not deliver Coke or Third Party Supplied Coke to Purchasers (i) in an amount sufficient to conform to the Coke Supply and Purchase Obligation or, as applicable, Purchasers’ Requirements, then Purchasers may make commercially reasonable arrangements to acquire Purchaser Obtained Coke. If the commercially reasonable price of Purchaser Obtained Coke plus the actual, direct costs incurred by Purchasers to deliver such Purchaser Obtained Coke to each respective Delivery Point is greater than the Contract Price for equivalent Coke Tonnage, then Seller shall reimburse Purchasers for the amount of such excess. Provided however, if Commencement of Coke Production at the Coke Plant has not commenced by the Initial Completion Deadline, and production is not delayed by a Seller Force Majeure Event, then the cover price per Ton shall be based upon what the Contract Price would have been at the time of cover if the Coke Plant had commenced production, until the Commencement of Coke Production at the Coke Plant. In the event Purchasers secure Purchaser Obtained Coke, then Purchasers shall use commercially reasonable efforts to limit its use of Purchaser Obtained Coke to the time period for which Purchasers reasonably believe, based on facts and circumstances disclosed in Writing to Purchasers by Seller, that Seller will not be able to provide Coke or Third Party Supplied Coke sufficient to comply with the Coke Supply and Purchase Obligation or, as applicable, Purchasers’ Requirements.

Purchaser Obtained Coke. Seller shall promptly notify Purchasers in Writing in In the event Seller reasonably believes it cannot deliver (i) fails to comply with its obligations in respect of Section 6.4 (including Seller’s Reasonable Assurances Obligations and its obligation to obtain Third Party Supplied Coke pursuant sufficient to Section 6.3 hereof and satisfy the amount of projected shortfall between Minimum Ratability Standard), or (ii) notifies Purchaser that it has reason to believe that it will be unable to cover any applicable Coke Production Shortfall with Third Party Supplied Coke and the Coke Supply and Purchase Obligation. If Seller does not deliver Coke or Third Party Supplied Coke to Purchasers (i) in an amount sufficient to conform to the Coke Supply and Purchase Obligation or, as applicable, Purchasers’ RequirementsCoke, then Purchasers Purchaser may make commercially reasonable arrangements to acquire Purchaser Obtained CokeCoke sufficient to cover such Coke Production Shortfall, and Purchaser shall so notify Seller in Writing of such arrangements. If Subject to the Production Capacity Liability Limitation, if the commercially reasonable price of Purchaser Obtained Coke Tonnage plus the actual, direct costs incurred by Purchasers Purchaser to deliver such Purchaser Obtained Coke Tonnage to each respective Delivery Point the Middletown Plant is greater than the Contract sum of (i) the product of (y) the current Coke Price for equivalent Coke (as adjusted in accordance with Schedule 5.1) divided by ***** multiplied (z) by such Coke Tonnage, and (ii) the applicable Purchaser freight cost, then Seller shall reimburse Purchasers Purchaser for the amount of such excess. Provided however, if Commencement of Coke Production at the Coke Plant has not commenced by the Initial Completion Deadline, and production is not delayed by a Seller Force Majeure Event, then the cover price per Ton shall be based upon what the Contract Price would have been at the time of cover if the Coke Plant had commenced production, until the Commencement of Coke Production at the Coke Plant. In the event Purchasers secure Purchaser secures Purchaser Obtained Coke, then Purchasers it shall use commercially reasonable efforts to limit its use of Purchaser Obtained Coke to the time period for which Purchasers Purchaser reasonably believebelieves, based on facts and circumstances disclosed in Writing to Purchasers Purchaser by Seller, that Seller a Coke Production Shortfall will not be able to provide covered by Coke or Third Party Supplied Coke sufficient to comply with the Coke Supply and Purchase Obligation or, as applicable, Purchasers’ RequirementsTonnage.

Purchaser Obtained Coke. Seller shall promptly notify Purchasers in Writing in In the event Seller reasonably believes it cannot deliver (i) fails to comply with its obligations in respect of Section 6.4 (including Seller’s Reasonable Assurances Obligations and its obligation to obtain Third Party Supplied Coke pursuant sufficient to Section 6.3 hereof and satisfy the amount of projected shortfall between Minimum Ratability Standard), or (ii) notifies Purchaser that it has reason to believe that it will be unable to cover any applicable Coke Production Shortfall with Third Party Supplied Coke and the Coke Supply and Purchase Obligation. If Seller does not deliver Coke or Third Party Supplied Coke to Purchasers (i) in an amount sufficient to conform to the Coke Supply and Purchase Obligation or, as applicable, Purchasers’ RequirementsCoke, then Purchasers Purchaser may make commercially reasonable arrangements to acquire Purchaser Obtained CokeCoke sufficient to cover such Coke Production Shortfall, and Purchaser shall so notify Seller in Writing of such arrangements. If Subject to the Production Capacity Liability Limitation, if the commercially reasonable price of Purchaser Obtained Coke Tonnage plus the actual, direct costs incurred by Purchasers Purchaser to deliver such Purchaser Obtained Coke Tonnage to each respective Delivery Point the Middletown Plant or the Ashland Plant is greater than the Contract sum of (i) the product of (y) the current Coke Price for equivalent Coke (as adjusted in accordance with Schedule 5.1) multiplied (z) by such Coke Tonnage, and (ii) the applicable Purchaser freight cost, then Seller shall reimburse Purchasers Purchaser for the amount of such excess. Provided however, if Commencement of Coke Production at the Coke Plant has not commenced by the Initial Completion Deadline, and production is not delayed by a Seller Force Majeure Event, then the cover price per Ton shall be based upon what the Contract Price would have been at the time of cover if the Coke Plant had commenced production, until the Commencement of Coke Production at the Coke Plant. In the event Purchasers secure Purchaser secures Purchaser Obtained Coke, then Purchasers it shall use commercially reasonable efforts to limit its use of Purchaser Obtained Coke to the time period for which Purchasers Purchaser reasonably believebelieves, based on facts and circumstances disclosed in Writing to Purchasers Purchaser by Seller, that Seller a Coke Production Shortfall will not be able to provide covered by Coke or Third Party Supplied Coke sufficient to comply with the Coke Supply and Purchase Obligation or, as applicable, Purchasers’ RequirementsTonnage.

Purchaser Obtained Coke. Seller shall promptly notify Purchasers Purchaser in Writing in the event if Seller reasonably believes that a Production Shortfall will occur and that it cannot deliver Third Party Supplied Coke pursuant will be unable to Section 6.3 hereof and the amount of projected shortfall between Third Party Supplied Coke and the Coke Supply and Purchase Obligation. If Seller does not deliver Coke or supply Third Party Supplied Coke to Purchasers (i) in an amount sufficient to conform to cover such shortfall. Such notice shall include Seller's reasonable estimation of the Coke Supply and Purchase Obligation orcorresponding shortfall. Following Purchaser's receipt of such notice, as applicable, Purchasers’ Requirements, then Purchasers Purchaser may make commercially reasonable arrangements to acquire Purchaser Obtained Coke, and Purchaser shall so notify Seller in Writing of such arrangements. If Subject to the Production Capacity Liability Limitation, and the purchase of Purchaser Obtained Coke in a commercially reasonable manner, if the price of Purchaser Obtained Coke plus the actual, direct costs incurred by Purchasers Purchaser to deliver such Purchaser Obtained Coke to each respective Delivery Point the coke unloading facility located at the Xxxxxx Plant plus its Incidental Damages is greater than the sum of (i) the current Contract Price for equivalent Coke Tonnageand (ii) the applicable Purchaser Freight Cost, then Seller shall reimburse Purchasers Purchaser for the amount of such excess. Provided however, if Commencement of Coke Production at the Coke Plant has not commenced by the Initial Completion Deadline, and production is not delayed by a Seller Force Majeure Event, then the cover price per Ton shall be based upon what the Contract Price would have been at the time of cover if the Coke Plant had commenced production, until the Commencement of Coke Production at the Coke Plant. In the event Purchasers secure If Purchaser secures Purchaser Obtained Coke, then Purchasers it shall use commercially reasonable efforts to limit its use of Purchaser Obtained Coke to the time period for which Purchasers Purchaser reasonably believebelieves, based on facts and circumstances disclosed in Writing to Purchasers Purchaser by Seller, that Seller the shortfall will not be able to provide covered by Coke or Third Party Supplied Coke sufficient to comply with the Coke Supply and Purchase Obligation or, as applicable, Purchasers’ RequirementsCoke.