Quantity and Scheduling Sample Clauses
Quantity and Scheduling. (a) Beginning on January 1, 2007, the base annual tonnage sold and purchased hereunder during each Calendar Year during the term of this Agreement shall be 2,250,000 tons.
(b) Except as otherwise provided herein, Buyer’s monthly scheduling orders shall be in substantially equal quantities of the base annual tonnage (i.e., 187,500 tons per month), unless otherwise mutually agreed upon by the parties, and as reflective of any makeup of Shortfall Quantities required pursuant to the provisions of this Agreement or any Reduction Election Quantity (as defined below). Seller shall deliver the monthly tonnage ordered by Buyer throughout the month, excluding holidays, scheduled or unscheduled outages of the Facilities, the Rail Loadout, and/or the loading facilities at the Production Sources, Buyer’s reasonable requests for delay of shipments, force majeure events, or at such other times as Seller may direct due to, in Seller’s determination, abnormal impacts on transportation of daily truck shipments. Except as provided in the immediately preceding sentence, Seller shall have the discretion to deliver truck shipments of coal 365 days a year, 7 (seven) days a week, 24 (twenty-four) hours a day to meet Buyer’s monthly coal orders. Buyer and Seller shall exert all reasonable efforts to meet the operational needs of the other party, taking into consideration Buyer’s and Seller’s scheduled outages, the consumption of coal, transportation, mining, seasons of the year as they relate to anticipated adverse weather conditions, mining conditions, and storage capabilities of each party. Accordingly, the parties shall exert all reasonable efforts to work toward mutually agreeable delivery schedules and make changes in previously established shipping schedules, if so requested by either party. The parties shall provide written notice for scheduled outages and prompt notice of unscheduled outages that will impact delivery. The parties acknowledge and agree that their respective obligations under this paragraph to meet the operational needs of the other party do not include changes in delivery schedules by either party in order to take advantage of market opportunities. Buyer shall have the discretion to take Receipt of coal at varying rates of flow, subject to the capabilities and limitations of the Facilities as more particularly described in Annex H, seven (7) days a week, 24 (twenty-four) hours a day to meet Buyer’s Station needs including any synthetic fuel production, bunk...
Quantity and Scheduling. During the Term, Seller shall sell and deliver to Buyer and Buyer shall purchase and accept delivery from Seller, pursuant to the terms and conditions of this Agreement, 50% of the Blast Furnace Coke produced by Seller's Coke Plant. Buyer acknowledges that the production rate of Blast Furnace Coke at Seller's Coke Plant will vary from time to time. Seller understanding the critical nature of coke supply, will provide Buyer with prior notice of any planned outage of coke producing capability at the Coke Plant. The aggregate amount of Blast Furnace Coke to be purchased and sold hereunder shall not exceed [*****]
(1) Net Tons (consisting of 2,000 pounds avoirdupois). Blast Furnace Coke deliveries hereunder shall be approximately [*****] Net Tons per calendar week (Monday through Sunday) or [*****] Net Tons per day subject to change as a result of production rate variations.
Quantity and Scheduling. Each month, at least within the 20th day of the previous calendar month, Buyer shall communicate to Seller its rolling three months forecast starting with the forthcoming month, broken down by types and quantities of Products. Subject to Seller’s acceptance, the first month of each of such forecasts will constitute a firm and binding Purchase Order issued by Buyer and shall in addition set out the required dates of delivery and the types and quantities of Products to be delivered on each such dates. For the avoidance of doubts, the second and third month of the rolling three months’ forecast shall be provisional and non-‐binding.
Quantity and Scheduling. A. During the calendar year 1997, Seller shall sell and deliver to Buyer and Buyer shall purchase and accept delivery from Seller, pursuant to the terms and conditions of this Agreement, 850,000 net tons of Blast Furnace Coke (hereinafter "1997 Basic Tonnage"). During the calendar year 1997, Seller shall also sell and deliver to Buyer and Buyer shall purchase and accept delivery from Seller, pursuant to the terms and conditions of this Agreement, an additional 150,000 net tons of Blast Furnace Coke (hereinafter "1997 Additional Tonnage").
B. During each of the calendar years 1998, 1999; 2000 and 2001 and subject to the provisions of Article III.C below, Seller shall sell and deliver to Buyer and Buyer shall purchase and accept delivery from Seller, pursuant to the terms and conditions of this Agreement, the greater of (i) 80% of Buyer's total annual requirement for Blast Furnace Coke or (ii) 850,000 net tons of Blast Furnace Coke. The tonnage of Blast Furnace Coke that Seller is obligated to sell Buyer, and that Buyer is obligated to purchase from Seller, in any year pursuant to this Article III.B is hereinafter referred to as the "Basic Tonnage" for such year.
C. Seller acknowledges that Buyer is currently considering the use of a blast furnace pulverized coal injection system ("PCI"), the adoption of which is expected to reduce the total annual requirements of Buyer hereunder for
Quantity and Scheduling. SECTION 4.1 - QUANTITY ----------------------
4.1 Beginning on January 1, 1995, and continuing throughout the term of this Agreement, including any extensions or renewals hereof, Enterprise shall sell and deliver to HIMONT, and HIMONT shall purchase and receive from Enterprise seven hundred million (700,000,000) pounds per year of Polymer Grade Propylene. The actual volume sold to HIMONT each month shall be the current month's daily rateable equivalent of the annual volume of seven hundred million (700,000,000) pounds except for "force majeure" conditions. Notwithstanding anything herein to the contrary, in the event Enterprise invokes force majeure, the volume sold to HIMONT shall not be less than 64.81 percent of the total plant production during the force majeure period.
Quantity and Scheduling. SECTION 4.1 - QUANTITY ----------------------
4.1 Beginning on January 1, 1993, and continuing throughout the term of this Agreement, including any extensions or renewals hereof, Enterprise shall sell and deliver to HIMONT, and HIMONT shall purchase and receive from Enterprise, the full output capacity of Polymer Grade Propylene from the Plant as expanded in 1990, estimated to be one billion eighty million (1,080,000,000) pounds per year, less the agreed upon tolling volumes, of three hundred and eighty four million (384,000,000) pounds per year. During any month that the total plant production is less than ninety-two million (92,000,000) pounds of Polymer Grade Propylene, Enterprise shall have the right, but not the obligation, to supplement such short fall in production from Enterprise's inventory of Polymer Grade Propylene, which was previously produced by the Plant. The estimated volume of Polymer Grade Propylene which shall be sold by Enterprise and purchased by HIMONT, is seven hundred million (700,000,000) pounds per year. The actual monthly volume sold to HIMONT during any month shall not be more than sixty million (60,000,000) pounds, unless mutually agreed to by both parties, or less than fifty million (50,000,000) pounds except for "force majeure" conditions. Notwithstanding anything herein to the contrary, in the event Enterprise invokes force majeure, the volume delivered to HIMONT shall not be less than 64.58 percent of the total plant production during the force majeure period.
SECTION 4.2 - SCHEDULING ------------------------
A. Enterprise shall provide HIMONT, at least fifteen (15) days prior to the first (1st) day of each calendar quarter, with an estimate of the production of Polymer Grade Propylene at the Plant, by quarter, for the next succeeding twelve (12) month period. It is understood that such estimate is for the purpose of facilitating scheduling only and is not binding on either party.
B. Enterprise shall further provide HIMONT in writing, at least five (5) days prior to the first (1st) day of each calendar month, a schedule indicating the estimated quantity of Polymer Grade Propylene produced at the Plant that will be delivered by Enterprise to HIMONT during such month."
B. Article V of the Propylene Sales Agreement shall be replaced with the following:
Quantity and Scheduling. During the Term, Seller shall sell and deliver to Buyer and Buyer shall purchase and accept delivery from Seller, pursuant to the terms and conditions of this
(1) CONFIDENTIAL MATERIALS OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS DENOTE SUCH OMISSION. Agreement, [*****]% of the Blast Furnace Coke produced by Seller's Coke Plant. Buyer acknowledges that the production rate of Blast Furnace Coke at Seller's Coke Plant will vary from time to time. Seller, understanding the critical nature of coke supply, will provide Buyer with prior notice of any planned outage of coke producing capability at the Coke Plant. The aggregate amount of Blast Furnace Coke to be purchased and sold hereunder shall not exceed [*****] Net Tons (consisting of 2,000 pounds avoirdupois). Blast Furnace Coke deliveries hereunder shall be approximately [*****] Net Tons per calendar week (Monday through Sunday) or [*****] Net Tons per day subject to change as a result of production rate variations."
3. Effective January 1, 2007, Article VI ("PURCHASE PRICE") of the Agreement is hereby amended to read as follows:
Quantity and Scheduling. 3.1 At least ninety (90) days prior to the estimated date of the initial testing of the first unit of the Generating Plant, Plant Owners shall notify Western, pursuant to Subsection 3.1 of the Coal Contract, of the amount of coal Plant Owners will require for testing and for the coal storage pile for the Generating Plant. Western shall transport such amount of coal within sixty (60) days after the receipt of such notice.
3.2 At least thirty (30) days prior to the estimated date of the commencement of operations of the first unit of the Generating Pant, Plant Owners shall notify Western, pursuant to Subsection 3.2 of the Coal Contract, of the amount of coal Plant Owners will require from such date of commencement of operations until the date that transport of coal commences pursuant to Subsection 3.5. Western shall transport said coal as requested by Plant Owners during such period. For the purposes of this section, “date of commencement of operations” shall be the date determined by Plant Owners with respect to each unit.
3.3 At least ninety (90) days prior to the estimated date of initial testing of the second unit of the Generating Plant, Plant Owners shall notify Western, pursuant to Subsection 3.4 of the Coal Contract, of the amount of additional coal Plant Owners will require for testing and for the coal storage pile for the Generating Plant. Western shall transport such amount of coal within sixty (60) days of the receipt of such notice.
3.4 At least thirty (30) days prior to the estimated date of the commencement of operations of the second unit of the Generating Plant, Plant Owners shall notify Western, pursuant to Subsection 3.5 of the Coal Contract, of the amount of coal Plant Owners will require from such date of commencement of operations until the date that transportation of coal commences pursuant to Subsection 3.6. Western shall transport said coal as requested by Plant Owners during such period.
3.5 During the period from the date of commencement of operations of the first unit of the Generating Plant until the date of commencement of operations of the second unit of the Generating Plant, Western’s obligation will be to transport the Plant Owners’ coal requirements as specified in purchase orders under Subsection 3.3 of the Coal Contract.
3.6 Upon the date of commencement of operations of the second unit of the Generating Plant, Western’s obligation will be to transport the Plant Owners’ requirements as specified in purchase orders under Su...
Quantity and Scheduling