Common use of TERMS OF PAYMENT & INVOICING Clause in Contracts

TERMS OF PAYMENT & INVOICING. (a) Invoicing During the Initial Operating Period and Initial Year (Excluding Pass Through Expenses). (i) On or after the third (3rd) business day before the end of each Month prior to 12:00 pm CST during the Initial Operating Period and Initial Year, Provider or its designee will submit to Off-Taker a Written invoice in respect of each such Month. The invoiced amount for such Month shall be the sum of (i) the product of (y) the Coke Price as set forth in Section 3.1(a) for the Initial Operating Period and Initial Year multiplied by (z) the sum of (A) the Coke Tonnage delivered to and accepted by Off-Taker in accordance with this Agreement, and (B) Coke Tonnage placed into storage at the Plant pursuant to Section 3.1(f) between the commencement of the Month and the third business day prior to the end of such Month (as determined according to Section 6.6), (the “Provisional Period”), plus (ii) the applicable Monthly Feed Water Processing Fee for such Provisional Period, plus (iii) during the Initial Year only, amounts payable by Off-Taker to Provider in respect of Affiliate Supplied Coke in respect of such Provisional Period, as set forth in Section 6.4, plus (iv) (as applicable) Breeze sales for such Provisional Period, plus (v) Taxes thereon, plus or minus, as applicable, (vi) the adjustments set forth in Section 3.6(c)(i), and, as respects the Initial Year Section 3.6(c)(iii). Provided, in accordance with FIFO accounting, the Coal Cost Component in respect of such Provisional Period shall be the actual Coal Cost Component for the Month preceding such Provisional Period. (ii) On the fifteenth (15th) business day of each Month a memo adjustment shall be issued by Provider and delivered to Off-Taker in respect of applicable adjustments set forth in Section 3.6(c). Such adjustments shall be incorporated into the invoice in respect of Provisional Period for such Month. (b) Invoicing for each Contract Year (Excluding Pass-Through Expenses). (i) During each Contract Year, on the third (3rd) business day before the end of each Month prior to 12:00 pm CST for the balance of the Term and, as applicable, the Option Term, Provider or its designee shall submit to Off-Taker a Written invoice in respect of each such Month. The invoiced amount for such Month shall be the sum of (i) the product of (y) the Coke Price as set forth in Section 3.1(a) for such Contract Year multiplied by (z) the sum of (A) the Coke Tonnage delivered to and accepted by Off-Taker in accordance with this Agreement (as determined according to Section 6.6) for such Provisional Period and, (B) Coke Tonnage placed into storage at the Plant pursuant to Section 3.1(f), and (C) as applicable, Affiliate Supplied Coke Tonnage delivered to the Mill in accordance with Section 6.4, plus (ii) the applicable Monthly Feed Water Processing Fee for such Provisional Period, plus (iii) (as applicable) Breeze sales for such Provisional Period, plus (iv) amounts payable by Off-Taker to Provider in respect of Affiliate Supplied Coke, as set forth in Section 6.4, plus (v) Taxes thereon, plus or minus, as applicable, (vi) the adjustments set forth in Section 3.6(c)(i), Section 3.6(c)(ii) and Section 3.6(c)(iii). (ii) On the fifteenth (15th) business day of each Month a memo adjustment shall be issued by Provider and delivered to Off-Taker in respect of applicable adjustments set forth in Section 3.6(c). Such adjustments shall be incorporated into the invoice in respect of Provisional Period for such Month.

TERMS OF PAYMENT & INVOICING. (a) Invoicing During the Initial Operating Period and Initial Year (Excluding Pass Through Expenses). (i) On or after the third (3rd) business day before the end of each Month prior to 12:00 pm CST during the Initial Operating Period and Initial Year, Provider or its designee will submit to Off-Taker a Written invoice in respect of each such Month. The invoiced amount for such Month shall be the sum of (i) the product of (y) the Coke Price as set forth in Section 3.1(a) for the Initial Operating Period and Initial Year multiplied by (z) the sum of (A) the Coke Tonnage delivered to and accepted by Off-Taker in accordance with this Agreement, and (B) Coke Tonnage placed into storage at the Plant pursuant to Section 3.1(f) between the commencement of the Month and the third business day prior to the end of such Month (as determined according to Section 6.6), (the “Provisional Period”), plus (ii) the applicable Monthly Feed Water Processing Fee for such Provisional Period, plus (iii) during the Initial Year only, amounts payable by Off-Taker to Provider in respect of Affiliate Supplied Coke in respect of such Provisional Period, as set forth in Section 6.4, plus (iv) (as applicable) Breeze sales for such Provisional Period, plus (v) Taxes thereon, plus or minus, as applicable, (vi) the adjustments set forth in Section 3.6(c)(i), and, as respects the Initial Year Section 3.6(c)(iii)*****. Provided, in accordance with FIFO accounting, the Coal Cost Component in respect of such Provisional Period shall be the actual Coal Cost Component for the Month preceding such Provisional Period. (ii) On the fifteenth (15th) business day of each Month a memo adjustment shall be issued by Provider and delivered to Off-Taker in respect of applicable adjustments set forth in Section 3.6(c). Such adjustments shall be incorporated into the invoice in respect of Provisional Period for such Month. (b) Invoicing for each Contract Year (Excluding Pass-Through Expenses). (i) During each Contract Year, on the third (3rd) business day before the end of each Month prior to 12:00 pm CST for the balance of the Term and, as applicable, the Option Term, Provider or its designee shall submit to Off-Taker a Written invoice in respect of each such Month. The invoiced amount for such Month shall be the sum of (i) the product of (y) the Coke Price as set forth in Section 3.1(a) for such Contract Year multiplied by (z) the sum of (A) the Coke Tonnage delivered to and accepted by Off-Taker in accordance with this Agreement (as determined according to Section 6.6) for such Provisional Period and, (B) Coke Tonnage placed into storage at the Plant pursuant to Section 3.1(f), and (C) as applicable, Affiliate Supplied Coke Tonnage delivered to the Mill in accordance with Section 6.4, plus (ii) the applicable Monthly Feed Water Processing Fee for such Provisional Period, plus (iii) (as applicable) Breeze sales for such Provisional Period, plus (iv) amounts payable by Off-Taker to Provider in respect of Affiliate Supplied Coke, as set forth in Section 6.4, plus (v) Taxes thereon, plus or minus, as applicable, (vi) the adjustments set forth in Section 3.6(c)(i), Section 3.6(c)(ii) and Section 3.6(c)(iii).***** (ii) On the fifteenth (15th) business day of each Month a memo adjustment shall be issued by Provider and delivered to Off-Taker in respect of applicable adjustments set forth in Section 3.6(c). Such adjustments shall be incorporated into the invoice in respect of Provisional Period for such Month.