Common use of Supply and Quantity Clause in Contracts

Supply and Quantity. 2.1 Subject to all the terms and provisions of the Agreement, Seller shall supply and Buyer shall purchase, receive and pay for an agreed-upon quantity and quality of Coke during each year of the Agreement with the intent being for Seller and its affiliates to supply as much Coke as [TEXT DELETED] and [TEXT DELETED] and [TEXT DELETED], subject always to Buyer's obligations for purchases of Coke from other producers existing as of the Effective Date. The intent is that the quantity of Coke supplied under this Agreement will be in the range of [TEXT DELETED] per year. Periodically, but no less frequently than quarterly from the Effective Date, Buyer shall provide a 12 month forecast in writing for quantities and Grades of Coke to be supplied hereunder and broken down by month (each a "Forecast"). If Seller objects to a Forecast, it shall notify Buyer within 10 business days of its receipt of such Forecast and Seller and Buyer shall proceed to agree on a mutually agreeable Forecast. The Forecasts so applied shall become part of this Agreement, and each Forecast shall serve as an amendment of the prior Forecast for purposes of this Agreement. 2.2 Buyer recognizes that Seller and its affiliates will continue to sell Coke to other customers and will from time to time have initiatives to improve Coke quality and quantity to these customers. 2.3 Buyer further recognizes that, upon the occurrence of a force majeure event, Seller and its affiliates each has an obligation to supply its respective customers on a fair and equitable basis under the circumstances. Seller recognizes, solely for purposes of this Section 2.3, that Coke is essential to graphite electrodes which are essential to electric arc furnace steel production, that UCAR is the [TEXT DELETED] manufacturer of graphite electrodes and supplies [TEXT DELETED]% of the world's consumption thereof, that a material disruption in the supply of graphite electrodes could materially affect the steel industry and important aspects of the economy, and that, under the Agreement, UCAR will become [TEXT DELETED] on [TEXT DELETED] for its [TEXT DELETED] for Coke and [TEXT DELETED] of the [TEXT DELETED] of Coke from Conoco. Therefore, upon the occurrence of a force majeure event, Seller shall consider the foregoing factors in allocating its supply of Coke equitably amongst all its customers and any [TEXT DELETED] in such supply to [TEXT DELETED] shall be [TEXT DELETED] is to [TEXT DELETED].

Supply and Quantity. 2.1 (a) Subject to all the terms and provisions of the Agreement, during each of calendar years 2011, 2012 and 2013, Seller shall supply and Buyer shall purchase, receive and pay for an agreed-upon quantity the minimum volumes of Grade * and quality Grade * set forth in the following table (or such other quantities and percentages by each Grade (as that term is defined in Section 3.1) of Coke during each year as agreed in writing by the Parties): Grade * Grade * 2011 * Metric Tons * Metric Tons CONFIDENTIAL TREATMENT HAS BEEN CLAIMED FOR PORTIONS OF THIS AGREEMENT IN ACCORDANCE WITH RULE 406 UNDER THE SECURITIES ACT OF 1934 AND RULE 24b-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934 2012 * Metric Tons * Metric Tons 2013 * Metric Tons * Metric Tons (b) Upon execution of the Agreement with the intent being for Seller and its affiliates to supply as much Coke as [TEXT DELETED] and [TEXT DELETED] and [TEXT DELETED], subject always to Buyer's obligations for purchases of Coke from other producers existing as of the Effective Date. The intent is that the quantity of Coke supplied under this Agreement will be in the range of [TEXT DELETED] per year. Periodicallyand on or before *, but no less frequently than quarterly from the Effective Dateand *, Buyer shall deliver to Seller a written annual forecast (each, an “Annual Forecast”) of its planned liftings during the following calendar year by month and by Grade. On or before the twentieth day of each calendar month, Buyer shall deliver to Seller written updated forecasts of its planned liftings during the remainder of the then current calendar year by month and location and provide a 12 month forecast in writing requested weekly shipping plan for quantities and Grades of Coke to be supplied hereunder and broken down by month (each a "Forecast")the following month. If Seller objects to a Forecast, it shall notify Buyer within 10 Within ten business days of its receipt of an Annual Forecast or updated forecast, Seller shall either accept or propose revisions to such Annual Forecast and or updated forecast by giving Buyer written notice of such acceptance or proposal. If Seller proposes revisions to an Annual Forecast or updated forecast, Seller and Buyer shall proceed negotiate in good faith to agree on reach a mutually agreeable Forecast. The Forecasts so applied written agreed Annual Forecast or updated forecast, provided that (i) no Annual Forecast or revised forecast shall become part relieve Buyer of this Agreementits obligation to purchase or Seller of its obligation to sell the minimum volume of each Grade of Coke specified above or such other quantities of each Grade of Coke as agreed in writing by the Parties during each of 2011, 2012 and 2013, and each (ii) except as provided in an agreed Annual Forecast of updated forecast, Seller shall serve as an amendment not be required to deliver any Grade of the prior Forecast for purposes of this AgreementCoke other than approximately ratably by calendar quarter, subject to typical seasonal variations. 2.2 Buyer recognizes that Seller and its affiliates will continue to sell Coke to other customers and will from time to time have initiatives to improve Coke quality and quantity to these customers.[Reserved] 2.3 Buyer further recognizes that, upon the occurrence of a force majeure event, each of Seller and its affiliates each has an obligation to supply its respective customers on a fair and equitable basis under the circumstances. Seller recognizes, solely for purposes of this Section 2.3, that Coke is essential to graphite electrodes which are essential to electric arc furnace steel production, that UCAR is the [TEXT DELETED] manufacturer of graphite electrodes and supplies [TEXT DELETED]% of the world's consumption thereof, that a material disruption in the supply of graphite electrodes could materially affect the steel industry and important aspects of the economy, and that, under the Agreement, UCAR will become [TEXT DELETED] on [TEXT DELETED] for its [TEXT DELETED] for Coke and [TEXT DELETED] of the [TEXT DELETED] of Coke from Conoco. Therefore, upon the occurrence of a force majeure event, Seller shall consider the foregoing factors in allocating its supply of Coke equitably amongst all its customers and any [TEXT DELETED] in such supply to [TEXT DELETED] shall be [TEXT DELETED] is to [TEXT DELETED].

Supply and Quantity. 2.1 (a) Subject to all the terms and provisions of the Agreement, during each of calendar years 2011, 2012 and 2013, Seller shall supply and Buyer shall purchase, receive and pay for an agreed-upon quantity the minimum volumes of Grade * and quality Grade * set forth in the following table (or such other quantities and percentages by each Grade (as that term is defined in Section 3.1) of Coke during each year as agreed in writing by the Parties): 2011 * Metric Tons * Metric Tons 2012 * Metric Tons * Metric Tons 2013 * Metric Tons * Metric Tons (b) Upon execution of the Agreement with the intent being for Seller and its affiliates to supply as much Coke as [TEXT DELETED] and [TEXT DELETED] and [TEXT DELETED], subject always to Buyer's obligations for purchases of Coke from other producers existing as of the Effective Date. The intent is that the quantity of Coke supplied under this Agreement will be in the range of [TEXT DELETED] per year. Periodicallyand on or before *, but no less frequently than quarterly from the Effective Dateand *, Buyer shall provide deliver to Seller a 12 month written annual forecast in writing for quantities and Grades (each, an “Annual Forecast”) of Coke to be supplied hereunder and broken down its planned liftings during the following calendar year by month (and by Grade. On or before the twentieth day of each a "Forecast")calendar month, Buyer shall deliver to Seller written updated forecasts of its planned liftings during the remainder of the then current calendar year. If Seller objects to a Forecast, it shall notify Buyer within 10 Within ten business days of its receipt of an Annual Forecast or updated forecast, Seller shall either accept or propose revisions to such Annual Forecast and or updated forecast by giving Buyer written notice of such acceptance or proposal. If Seller proposes revisions to an Annual Forecast or updated forecast, Seller and Buyer shall proceed negotiate in good faith to agree on reach a mutually agreeable Forecast. The Forecasts so applied written agreed Annual Forecast or updated forecast, provided that (i) no Annual Forecast or revised forecast shall become part relieve Buyer of this Agreementits obligation to purchase or Seller of its obligation to sell the minimum volume of each Grade of Coke specified above or such other quantities of each Grade of Coke as agreed in writing by the Parties during each of 2011, 2012 and 2013, and each (ii) except as provided in an agreed Annual Forecast or updated forecast, Seller shall serve as an amendment not be required to deliver any Grade of the prior Forecast for purposes of this AgreementCoke other than approximately ratably by calendar quarter, subject to typical seasonal variations. 2.2 Buyer recognizes that Seller and its affiliates will continue to sell Coke to other customers and will from time to time have initiatives to improve Coke quality and quantity to these customers[Reserved.] 2.3 Buyer further recognizes that, upon the occurrence of a force majeure event, Seller and its affiliates each has an obligation to supply its respective customers on a fair and equitable basis under the circumstances. Seller recognizes, solely for purposes of this Section 2.3, that Coke is essential to graphite electrodes which are essential to electric arc furnace steel production, that UCAR is the [TEXT DELETED] manufacturer of graphite electrodes and supplies [TEXT DELETED]% of the world's consumption thereof, that a material disruption in the supply of graphite electrodes could materially affect the steel industry and important aspects of the economy, and that, under the Agreement, UCAR will become [TEXT DELETED] on [TEXT DELETED] for its [TEXT DELETED] for Coke and [TEXT DELETED] of the [TEXT DELETED] of Coke from Conoco. Therefore, upon the occurrence of a force majeure event, Seller shall consider the foregoing factors in allocating its supply of Coke equitably amongst all its customers and any [TEXT DELETED] in such supply to [TEXT DELETED] shall be [TEXT DELETED] is to [TEXT DELETED].

Supply and Quantity. 2.1 (a) Subject to all the terms and provisions of the Agreement, during each of calendar years 2011, 2012 and 2013, Seller shall supply and Buyer shall purchase, receive and pay for an agreed-upon quantity the minimum volumes of Grade * and quality Grade * set forth in the following table (or such other quantities and percentages by each Grade (as that term is defined in Section 3.1) of Coke during each year as agreed in writing by the Parties): 2011 * Metric Tons * Metric Tons 2012 * Metric Tons * Metric Tons 2013 * Metric Tons * Metric Tons (b) Upon execution of the Agreement with the intent being for Seller and its affiliates to supply as much Coke as [TEXT DELETED] and [TEXT DELETED] and [TEXT DELETED], subject always to Buyer's obligations for purchases of Coke from other producers existing as of the Effective Date. The intent is that the quantity of Coke supplied under this Agreement will be in the range of [TEXT DELETED] per year. Periodicallyand on or before *, but no less frequently than quarterly from the Effective Dateand *, Buyer shall deliver to Seller a written annual forecast (each, an “Annual Forecast”) of its planned liftings during the following calendar year by month and by Grade. On or before the twentieth day of each calendar month, Buyer shall deliver to Seller written updated forecasts of its planned liftings during the remainder of the then current calendar year by month and location and provide a 12 month forecast in writing requested weekly shipping plan for quantities and Grades of Coke to be supplied hereunder and broken down by month (each a "Forecast")the following month. If Seller objects to a Forecast, it shall notify Buyer within 10 Within ten business days of its receipt of an Annual Forecast or updated forecast, Seller shall either accept or propose revisions to such Annual Forecast and or updated forecast by giving Buyer written notice of such acceptance or proposal. If Seller proposes revisions to an Annual Forecast or updated forecast, Seller and Buyer shall proceed negotiate in good faith to agree on reach a mutually agreeable Forecast. The Forecasts so applied written agreed Annual Forecast or updated forecast, provided that (i) no Annual Forecast or revised forecast shall become part relieve Buyer of this Agreementits obligation to purchase or Seller of its obligation to sell the minimum volume of each Grade of Coke specified above or such other quantities of each Grade of Coke as agreed in writing by the Parties during each of 2011, 2012 and 2013, and each (ii) except as provided in an agreed Annual Forecast of updated forecast, Seller shall serve as an amendment not be required to deliver any Grade of the prior Forecast for purposes of this AgreementCoke other than approximately ratably by calendar quarter, subject to typical seasonal variations. 2.2 Buyer recognizes that Seller and its affiliates will continue to sell Coke to other customers and will from time to time have initiatives to improve Coke quality and quantity to these customers.[Reserved] 2.3 Buyer further recognizes that, upon the occurrence of a force majeure event, each of Seller and its affiliates each has an obligation to supply its respective customers on a fair and equitable basis under the circumstances. Seller recognizes, solely for purposes of this Section 2.3, that Coke is essential to graphite electrodes which are essential to electric arc furnace steel production, that UCAR is the [TEXT DELETED] manufacturer of graphite electrodes and supplies [TEXT DELETED]% of the world's consumption thereof, that a material disruption in the supply of graphite electrodes could materially affect the steel industry and important aspects of the economy, and that, under the Agreement, UCAR will become [TEXT DELETED] on [TEXT DELETED] for its [TEXT DELETED] for Coke and [TEXT DELETED] of the [TEXT DELETED] of Coke from Conoco. Therefore, upon the occurrence of a force majeure event, Seller shall consider the foregoing factors in allocating its supply of Coke equitably amongst all its customers and any [TEXT DELETED] in such supply to [TEXT DELETED] shall be [TEXT DELETED] is to [TEXT DELETED].