Common use of Supply and Quantity Clause in Contracts

Supply and Quantity. (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 the minimum volumes of Grade * and 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 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 this Agreement and on or before *, and *, 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 requested weekly shipping plan for the following month. 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 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 negotiate in good faith to reach a written agreed Annual Forecast or updated forecast, provided that (i) no Annual Forecast or revised forecast shall relieve Buyer of its 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 (ii) except as provided in an agreed Annual Forecast of updated forecast, Seller shall not be required to deliver any Grade of Coke other than approximately ratably by calendar quarter, subject to typical seasonal variations. 2.2 [Reserved] 2.3 Buyer recognizes that, upon the occurrence of a force majeure event, each of Seller and its affiliates has an obligation to supply its respective customers on a fair and equitable basis under the circumstances.

Supply and Quantity. (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 the minimum volumes of Grade * and 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 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 this Agreement and on or before *, and *, 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 requested weekly shipping plan for the following monthyear. 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 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 negotiate in good faith to reach a written agreed Annual Forecast or updated forecast, provided that (i) no Annual Forecast or revised forecast shall relieve Buyer of its 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 (ii) except as provided in an agreed Annual Forecast of or updated forecast, Seller shall not be required to deliver any Grade of Coke other than approximately ratably by calendar quarter, subject to typical seasonal variations. 2.2 [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.

Supply and Quantity. (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 the minimum volumes of Grade * and 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 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 this Agreement and on or before *, and *, 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 requested weekly shipping plan for the following month. 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 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 negotiate in good faith to reach a written agreed Annual Forecast or updated forecast, provided that (i) no Annual Forecast or revised forecast shall relieve Buyer of its 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 (ii) except as provided in an agreed Annual Forecast of updated forecast, Seller shall not be required to deliver any Grade of Coke other than approximately ratably by calendar quarter, subject to typical seasonal variations. 2.2 [Reserved] 2.3 Buyer recognizes that, upon the occurrence of a force majeure event, each of Seller and its affiliates has an obligation to supply its respective customers on a fair and equitable basis under the circumstances.