Examples of Annual Nomination in a sentence
The quantity of sales on an annual basis shall be consistent with each Annual Nomination, in accordance with Section 4.2, which Annual Nomination shall be equal to or greater than the Annual Contract Quantity, except to the extent that Excusing Conditions occur.
However, Buyer acknowledges that to the extent requested sales under the Annual Nomination are greater than the Annual Contract Quantity, such excess sales shall be at the discretion of Seller and the price applicable to such excess sales shall be a matter of negotiation between the Parties.
In the event Seller does not provide the confirmation within the time period specified, Seller shall be deemed to confirm the Annual Nomination for the upcoming Contract Year, subject to the provisions of Section 4.2 with respect to excess sales.
By no later than thirty (30) days following receipt of an Annual Nomination, Seller shall provide Buyer with a response confirming Seller’s receipt of the Annual Nomination for the Contract Year in question.
In the event Buyer does not provide the new Annual Nomination by the date specified, the Annual Nomination for the upcoming Contract Year shall be deemed to be [*****].
If Mittal nominates any amount of Excess Tonnage for a given year, as permitted by Section 1.3(a)(ii), Xxxxxx’x Annual Nomination as provided for in Section 1.3(a) shall include [*********].
The amount of each Annual Nomination (between JCP and Dow Europe) Effective Date: June 30, 2004 shall be equal to or greater than the Annual Contract Quantity, except to the extent of applicable Excusing Conditions.
During any period of suspension under this Section 5.2, Buyer’s obligations to accept and pay for Coal under this Agreement shall be excused (and the Annual Nomination proportionally reduced) and Buyer may purchase coal from suppliers other than Seller.
The United Pellets, or other mutually agreeable pellets, shall be limited to *** of the Annual Nomination for such Contract Year and for the Contract Years thereafter for the remainder of the Term of the Agreement.
If a Party claims Force Majeure and shipments of Coal are suspended, neither Seller nor Buyer shall be required to make up or pay for any deficiency in Coal deliveries needed to satisfy the Annual Nomination as adjusted pursuant to Section 4.3 for the Force Majeure Period but the Parties shall, by mutual agreement, provide for the make-up of such suspended deliveries.