Base Quantity. Subject to the terms and conditions set forth in this Agreement, Seller shall sell and deliver, or cause to be delivered and Buyer shall purchase and receive, or cause to be received, the following annual base quantity of coal (“Base Quantity”): YEAR BASE QUANTITY (TONS) 2012 500,000 2013 500,000 2014 1,000,000 2015 1,000,000 XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 The Base Quantity of coal scheduled to be delivered in a given calendar year as set forth in the table above (as such quantity may be adjusted as provided in this Agreement) shall be delivered during that calendar year.
Base Quantity. Subject to the terms and conditions set forth in this Agreement, Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, a total of 3.50 million tons in accordance with the following annual base quantity of coal nominated by Buyer (“Base Quantity”) on a quarterly basis: YEAR BASE QUANTITY (TONS) QUARTERLY NOMINATION (TONS) 2021 500,000 – 600,000 166,667 – 200,000 2022 500,000 – 700,000 125,000 – 175,000 2023 500,000 – 700,000 125,000 – 175,000 2024 1,000,000 – 1,300,000 250,000 – 325,000 2025 200,000 – 1,000,000 50,000 – 250,000 The Base Quantity of coal scheduled to be nominated and delivered in a given calendar year as set forth in the table above, plus any Make-Up Tons required to be delivered pursuant to §3.2 (the Base Quantity plus any Make-Up Tons being hereafter collectively referred to as the “Annual Quantity”) shall be nominated for and delivered during that calendar year. The minimum and maximum Base Quantities or Annual Quantities (including quarterly nominations) may be modified as mutually-agreed in writing by the parties from time-to-time, to achieve 3.50 million tons delivered and received by December 31, 2025, subject to a Party’s applicable rights or obligations pursuant to other terms and conditions herein including, but not limited to, Make-Up Tons, Force Majeure, and applicable suspension or termination rights. Seller will deliver additional quantities of coal above the maximum Base Quantities or Annual Quantities (including quarterly nominations) as mutually agreed in writing by the parties in their discretion from time-to-time, to achieve an accelerated delivery of the 3.50 million tons.
Base Quantity. Subject to the terms and conditions set forth in this Agreement, Seller shall sell and deliver, or cause to be delivered and Buyer shall purchase and receive, or cause to be received, a total of 2.25 million tons in accordance with the following annual base quantity of coal (the “Base Quantity”): YEAR BASE QUANTITY (TONS) 2021 250,000 2022 250,000 2023 250,000 2024 750,000 2025 750,000 The Base Quantity of coal scheduled to be delivered in a given calendar year as set forth in the table above (as such quantity may be adjusted as provided in this Agreement) shall be delivered during that calendar year.
Base Quantity. Subject to the terms and conditions set forth in this Agreement, Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, the following annual base quantity of coal (“Base Quantity”): YEAR BASE QUANTITY (TONS) 2011 1,250,000 2012 1,250,000 2013 1,250,000 2014 750,000 2015 750,000 2016 750,000 The Base Quantity of coal scheduled to be delivered in a given calendar year as set forth in the table above (as such quantity may be adjusted as provided in this §3.1) shall be delivered during that calendar year. Not withstanding the foregoing, if Seller or Buyer does not perform with respect to supplying or taking delivery of such Base Quantity scheduled for a particular year, for any reason, as a result of non-performing party’s actions or inactions to perform as required by this Agreement (except to the extent such failure to deliver is due to force majeure as provided in Section 10 hereof), then performing party at its sole option, may elect to make up such undelivered quantities (“Make-up Tons”) by having the non-performing party deliver or xxxx XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 delivery to the undelivered quantities in the calendar year (the “Make-up Year”) immediately following the calendar year in which such Make-up Tons should have been delivered. Prior to making such election, performing party may request from non-performing party adequate assurances, satisfactory to performing party, that non-performing party is capable and will deliver or take delivery of, both the Base Quantity set forth for the Make-up Year and the Make-up Tons in the Make-up Year. In the event performing party makes the election, the quantity of the Make-up Tons shall be added to and shall increase the Base Quantity set forth for the Make-up Year, and non-performing party shall deliver or take delivery of such new Base Quantity (including the Make-up Tons) during the Make-up Year pursuant to a new mutually agreed delivery schedule incorporating the delivery of the additional Make-up Tons. In such event, for accounting and payment purposes, the first (1st) tons delivered in the Make-up Year shall be considered the Make-up Tons and deliveries will not be considered a part of the original Base Quantity set forth for the Make-up Year unless and until non-performing party has delivered or taken delivery of all of the Make-up Tons which should have been delivered in the previous year. If the non-performing ...
Base Quantity. Except as adjusted under Section 3.3, Seller shall sell and deliver and Buyer shall purchase and accept delivery of the following annual base quantity of coal ("Base Quantity"): YEAR BASE QUANTITY (TONS) ---- -------------------- 1996 560,000 1997 560,000
Base Quantity. The annual Base Quantity (i.e. all of Section 3.1 except the last two paragraphs) is revised to read as follows, all other terms and conditions set forth in the last two paragraphs of Section 3.1 (dealing with Make-up Tons) shall remain as stated in the Agreement:
Base Quantity. Subject to the terms and conditions set forth in this Agreement, Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, the following annual base quantity of coal (“Base Quantity”): XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Amendment No. 2 YEAR BASE QUANTITY (TONS) 2008 600,000 2009 2,200,000 2010 1,800,000 2011 2,100,000 2012 2,100,000 2013 2,100,000 2014 2,100,000 2015 2,100,000 2016 900,000 Buyer shall have the right to nominate up to 75% of the Base Quantity for year 2010 and for each year thereafter to be delivered by rail. Buyer shall make such nomination for each year to Seller in writing by September 1 of the preceding year. For year 2010, all coal will be Quality 1 (as described in Section 6.1 of this Agreement). For years 2011-2016, Buyer will have the option to nominate up to 25% of the coal as Quality 2 (as described in Section 6.1 of this Agreement).
Base Quantity. Subject to the terms and conditions set forth in this Agreement, Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, or cause to be received, the following annual base quantity of coal (“Base Quantity”): YEAR BASE QUANTITY (TONS) 2008 600,000 2009 2,500,000 2010 4,000,000 * 2011 4,000,000 ** 2012 4,000,000 ** XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 YEAR BASE QUANTITY (TONS) 2013 4,000,000 ** 2014 4,000,000 ** 2015 4,000,000 ** *—Buyer shall have the right to nominate up to 1,500,000 tons of this amount to be delivered by rail. Buyer shall make such nomination to Seller in writing by September 1, 2009. **—Buyer shall have the right to nominate up to 2,500,000 tons of this amount per year to be delivered by rail for calendar years 2011 through the term of the Agreement. Buyer shall make such nomination in writing to Seller by September 1 of the preceding year. During calendar year 2008, Buyer shall have the right to nominate up to 90,000 tons of coal to be delivered during calendar year 2008, as Quality 2 coal (as defined in §6.1). The remaining Base Quantity for calendar year 2008 shall be Quality 1 coal (as defined in §6.1). Buyer shall make such quality nomination by the fifth (5th) of the month preceding the month of delivery; provided, however, the monthly nomination of Quality 2 coal (as defined in §6.1) shall not exceed fifty percent (50%) of the total coal nominated in a given month. During calendar year 2009, Buyer shall have the right to nominate up to 375,000 tons of coal to be delivered during calendar year 2009 as Quality 2 coal (as defined in §6.1). The remaining Base Quantity for calendar year 2009 shall be Quality 1 coal (as defined in §6.1). Buyer shall make such quality nomination by the fifth (5th) of the month preceding the month of delivery; provided, however, the monthly nomination of Quality 2 coal (as defined in §6.1) shall not exceed fifty percent (50%) of the total coal nominated in a given month. XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 During calendar years 2010 through the remaining term of the Agreement, Buyer shall have the right to nominate up to 600,000 tons of coal per year, to be delivered during calendar years 2010 through the term of the Agreement, as Quality 2 coal (as defined in §6.1). The remaining annual Base Quantity for each calendar year, 2010 through the term of the Agreement, shall be Quality 1 coal (as defined in §6.1). Buyer shall make su...
Base Quantity. The annual Base Quantity is revised to read as follows, all other terms and conditions set forth in this Section 3.1 shall remain as stated in the Agreement: YEAR BASE QUANTITY (TONS) 2008 600,000 2009 2,300,000 2010 3,800,000 * 2011 4,200,000 ** 2012 4,200,000 ** 2013 4,000,000 ** 2014 4,000,000 ** 2015 4,000,000 ** XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Amendment No. 1 * - Buyer shall have the right to nominate up to 1,500,000 tons of this amount to be delivered by rail. Buyer shall make such nomination to Seller in writing by September 1, 2009. ** - Buyer shall have the right to nominate up to 2,500,000 tons of this amount per year to be delivered by rail for calendar years 2011 through the term of the Agreement. Buyer shall make such nomination in writing to Seller by September 1 of the preceding year.
Base Quantity. Except as may be expressly excused in accordance with the Agreement, in each Year of the Agreement, during periods of Normal Refinery Operations, a volume of Oil equal to ten thousand (10,000) Barrels per Day multiplied by the number of Days in such Year subject to an annual tolerance of plus/minus one hundred thousand (100,000) barrels. During the initial production build-up at the FPSO Terminal, Seller shall have the option to Deliver lower volumes to allow Seller to meet its other term contractual obligations; provided that any reduction in volumes shall be allocated among Seller’s term customers (including Buyer) on a fair and approximately ratable basis. Seller will not sell any spot volumes before meeting the contractual obligation to Buyer set forth above and subject to Clause 11 b) (ii). For the purposes of this section, the initial production build-up at the FPSO Terminal shall be the later of; (i) six (6) Months following Completion of Delivery of the first Base Crude Quantity Cargo or (ii) on June 30, 2012.
