Take or Pay Coal Supply Sample Clauses

Take or Pay Coal Supply. (a) Subject to the provisions of Sections 2.6(b) and 2.6(c) and Sections 2.7 and 2.8, the Buyer shall be responsible for any payments in respect of the Take or Pay Coal Supply Arrangement for any failure to consume the Minimum Take or Pay Coal Quantity as determined under the provisions of Schedule E. (b) The Owner shall be responsible for some or all of the Take or Pay Coal Supply Arrangement payments described in Section 2.6(a), determined as set out in Schedule E, for any Year in respect of which any Unit has an Actual Availability over the Year that is less than its total Target Availability for the Year or has a thermal efficiency that is different from that set out in this Arrangement. (c) With the agreement of the Buyer, the Owner shall, in any Year where it reasonably believes that the Minimum Take or Pay Coal Quantity will not be consumed, make all reasonable efforts to take delivery of some or all of the balance of such Minimum Take or Pay Coal Quantity into stock at the Plant for use in the next following Year subject to the provisions of Schedule E. (d) In any year in which the Owner or the Buyer reasonably believes that the Maximum Take or Pay Coal Quantity will be consumed and additional coal supply will be required, the Parties shall agree upon the terms and conditions upon which such additional coal supply will be provided, and the Parties shall make all reasonable efforts to secure such additional coal supply, and the relevant terms of Schedules C and E shall be revised accordingly.
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