Nonconforming Coke definition

Nonconforming Coke has the meaning set forth in Section 5.1(d).
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Nonconforming Coke means Coke that exceeds or, as applicable, is less than the “reject” limits set forth in Schedule 5.1.
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Nonconforming Coke has the meaning set forth in Section 5.2(b). “Norfolk Southern” has the meaning set forth in Section 3.2. “Party” or “Parties” has the meaning set forth in the Preamble of this Agreement. “Payment Default” means any failure by Purchaser to pay Seller in accordance with Sections 3.9, 5.1(d) or 7.3. “Person” means and includes any individual, firm, corporation, partnership, limited liability corporation, association, trust or other entity or enterprise or any government or political subdivision or agency, department or instrumentality thereof. “Position Notice” has the meaning set forth in Section 4.2(b)(i). “Purchaser” has the meaning set forth in the Preamble of this Agreement. “Purchaser Default” has the meaning set forth in Section 11.1. “Purchaser Force Majeure Event(s)” has the meaning set forth in Section 8.2. “Purchaser Obtained Coke” means coke obtained by Purchaser that is required by Purchaser to operate the Blast Furnace(s) in the ordinary course of business up to any shortfall in Seller’s delivery of Coke and Third Party Supplied Coke relative to the Coke Supply and Purchase Obligation. “Purchaser Parent” has the meaning set forth in the Recitals of this Agreement. “Purchaser Parent Guaranty” has the meaning set forth in the Recitals of this Agreement. “Renewal Notice” has the meaning set forth in Section 2.2. “Renewal Term” has the meaning set forth in Section 2.2.
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Examples of Nonconforming Coke in a sentence

  • The purchase price in respect of Conforming Coke Tonnage is the Coke Price, and in respect of such Nonconforming Coke Tonnage is the applicable price set forth in Section 5.1(d)(iii).

  • Upon rejection of such Nonconforming Coke, title to such Nonconforming Coke shall revert to Seller and Seller shall accept all risk of loss, damage, or destruction therefore.

  • Purchaser’s obligation to purchase Coke shall be limited to that portion of the Coke Tonnage (excluding Nonconforming Coke Tonnage) that Seller is able to deliver to Purchaser, but in any event not in excess of that which Seller indicated that it could supply to Purchaser in Seller’s notice of Seller Force Majeure Event provided pursuant to Section 8.1(b).

  • During the Initial Operating Period (i) Provider shall deliver to Off-Taker and Off-Taker shall accept all Conforming Coke Tonnage, and (ii) Off-Taker shall accept any Nonconforming Coke Tonnage delivered by Provider as set forth in Section 5.1(d).

  • Provided, however, Provider may subsequently blend such (presumptive) Nonconforming Coke into other Coke such that such blended Coke is not Nonconforming Coke.

  • Except for Nonconforming Coke, conformance with the Guaranteed Coke -Quality Standards will be determined based upon the Weekly average of the analysis of each daily composite sample.

  • Provided, however, it shall be presumed that Off-Taker made such an election if Nonconforming Coke is consumed or commingled with any other coke acquired by Off-Taker, unless such commingling results from Provider’s failure to provide the Written notice required under Section 5.1(d)(ii).

  • Such notice will include the basis for Provider’s determination, its reasonable estimate of the quality of such Nonconforming Coke (particularly with respect to the “reject” standards set forth in Schedule 5.1(b)), and the estimated delivery time of such Nonconforming Coke.

  • In the event such (presumptive) Nonconforming Coke is properly rejected by Off-Taker, Provider will (x) not be entitled to payment of the Coke Price in respect of such Nonconforming Coke Tonnage, (y) Provider will accept all risk of loss, damage, or destruction in respect thereof, and (z) Off-Taker may require Provider to make up the corresponding shortfall pursuant to a reasonable shipment schedule to be specified by Off-Taker.

  • Following such notification but prior to the delivery of such (presumptive) Nonconforming Coke, Off-Taker may reject such (presumptive) Nonconforming Coke.