Base Tonnage Clause Samples

Base Tonnage. The quantity of coal to be delivered under the Original Agreement in calendar year 2014 and 2015, as applicable, is as follows (the “Base Tonnage”): 2014 - 1,000,000 tons 2015 - 1,000,000 tons Buyer has notified Seller that Buyer has utilized its option to adjust the Base Tonnage by + [**] pursuant to the Original Agreement to decrease the amount of coal to be delivered pursuant to the Original Agreement to [**] tons annually, until further notice.

Base Tonnage. The quantity of coal to be delivered under each of the Original Agreements in calendar year 2014 and 2015, as applicable, is as follows (the “Base Tonnage”): 2014 - 410,000 tons 2015 - 410,000 tons Buyer has notified Seller that Buyer has utilized its option to adjust the Base Tonnage by + [**] pursuant to the ▇▇ ▇▇▇▇▇ 1 Agreement to increase the amount of coal to be delivered pursuant to the ▇▇ ▇▇▇▇▇ 1 Agreement to [**] tons annually, until further notice. 2014 - 600,000 tons AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT Exhibit 10.2 Buyer has notified Seller that Buyer has utilized its option to adjust the Base Tonnage by + [**] pursuant to the ▇▇ ▇▇▇▇▇ 2 Agreement to decrease the amount of coal to be delivered pursuant to the ▇▇ ▇▇▇▇▇ 2 Agreement to [**] tons annually, until further notice.

Base Tonnage. (a) Except as provided in Section 4.01 (c), (e) and 4.04, and subject to the terms of this Agreement, during each Contract Year that this Agreement is in effect Pen shall produce and DP&L shall purchase at least: (1) Base Term . one million (1,000,000) Tons of coal for the Contract Years commencing July 1, 1992 and July 1, 1993, . one million two hundred fifty thousand (1,250,000) Tons of coal for the Contract Years commencing July 1, 1994 and July 1, 1995. (2) First Second and Third Option Terms . one million five hundred thousand (1,500,000) Tons of coal. The amounts described above shall constitute the Base Tonnage, in each Contract Year, Pen shall supply at least the Base Tonnage in accordance with the Shipping Schedule provided by DP&L per Section 4.02. (b) During the Base Term, the Base Tonnage shall be comprised of Mid Sulfur Coal. Pen shall begin Tender of coal under this Agreement in August, 1992. Commencing July 1, 1996 and during the Option Terms specified in Section 2.02, 2.03 and 2.04, the Base Pen/DP&L 3/1/93 Tonnage may be comprised of a combination of Mid Sulfur Coal, Low Sulfur Coal and/or Compliance Sulfur Coal, or exclusively of Mid Sulfur Coal, Low Sulfur Coal or Compliance Sulfur Coal, at DP&L's sole option pursuant to the Coal Quality Selection Table attached as Exhibit D hereto. (c) Between August 1, 1992 and June 30, 1993, the Base Tonnage shall be nine hundred and seventeen thousand (917,000) Tons of coal. (d) Pen shall continually maintain, at the mine complexes and/or FOB Loading Point facility, a minimum combined total of twenty-five thousand (25,000) Tons inventory of coal ready for Tender to DP&L pursuant to the terms of this Agreement. Such inventory shall meet the monthly coal quality characteristics for the type of coal Pen is then obligated to supply hereunder, in accordance with Sections 4.01(b) and 4.04. (e) The provisions of this Section and Section 4.04 notwithstanding, unless otherwise agreed by the parties the maximum quantity of coal that Pen shall be obligated to supply in any Contract Year shall be one million five hundred thousand (1,500,000) Tons, as adjusted for DP&L's Tonnage Flexibility under Section 4.03. (f) If in any Contract Year Pen shall, for any cause which neither results from Force Majeure nor from default of DP&L, fail to Tender a quantity of coal at least equal to the required Base Tonnage (subject to Section 4.03), then DP&L may purchase the difference between the tonnage Tendered and the Base Ton...

Base Tonnage. Except as otherwise provided in this Agreement, SELLER shall supply to PURCHASER, and PURCHASER shall purchase from SELLER, the Base Tonnage of 3,000,000 tons of coal during each Contract Year, which shall be supplied in approximately equal monthly Shipments.