Sulfur Dioxide Maximum and Average Quality Specifications Sample Clauses

Sulfur Dioxide Maximum and Average Quality Specifications. In the course of delivery of coal by Seller to Buyer for the period January l, 2013 to December 31, 2016, Seller shall make it a priority to deliver coal with sulfur dioxide levels below the maximum level of ****** lbs. SO2/MMBTU. Deliveries in a calendar month shall average ****** lbs SO2/MMBTU or less, provided, however, that from January 1, 2013 to December 31, 2016 the monthly average sulfur dioxide level may exceed the SO2/MMBTU levels in the following table up to but no more than the number of times set forth in the column labeled "Variance Months": SQ2/MMBTU Level Variance Months ******, but ≤ ****** ****** ******, but ≤ ****** ****** ******, but ≤ ****** ****** ******.but ≤ ****** ****** The Variance Months in the table are cumulative. For example, variance in excess of ****** lbs. SO2/MMBTU is also a variance in excess of ****** lbs. SO2/MMBTU, ******lbs. SO2/MMBTU and ****** lbs. SO2/MMBTU. In addition, (i) the average sulfur dioxide levels for deliveries made in a calendar six month period (i.e. July to December and January to June) will not exceed ****** lbs. SO2/MMBTU and (ii) the average sulfur dioxide levels for the period January l, 2013 to December 31, 2016 will not exceed ****** lbs. SO2/MMBTU. Buyer and Seller shall work cooperatively to minimize the deviation from the Average quality specifications, and to forecast and plan for such deviations. If (i) Seller is delivering coal that exceeds ****** lbs SO2/MMBTU or (ii) Seller has delivered coal with a monthly average sulfur dioxide level higher than ****** more often than contemplated by the provision for Variance Months. as evidenced by samples provided for in Section 4.02, and Buyer reasonably determines, despite Buyer's commercially reasonable efforts to manage the coal to avoid exceeding air quality permit limitations, that such coal cannot be burned in Buyer's Plant without exceeding air quality permit limitations, then Buyer shall have the right to suspend deliveries of coal until such time as Seller provides reasonable assurance to Buyer that future deliveries of coal will not exceed ****** lbs SO2/MMBTU pursuant to Sections 4.01 and 4.02 or that Seller will not further exceed the allotted number of Variance Months. The Joint Task Force shall meet within 24 hours of any such suspension in an effort to restore deliveries. For the purposes of Section 3.09, during the period of any such suspension Buyer's Receiving Facilities shall be deemed to be available to receive the delivery of...
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