Common use of Final Estimate Clause in Contracts

Final Estimate. Buyer shall provide a firm nomination of its Requirements and Seller's Delivery Obligation on or before July 15 of each Contract Year, effective for that Contract Year (the "Final Estimate"). The Final Estimate shall be made substantially in the form attached as Form A-2. The Final Estimate shall be determined by calculating (i) the planned change in Buyer's inventory from the beginning of the Contract Year to the end of the Contract Year, (ii) the estimated amount of coal to be burned in the Plant for that Contract Year, (iii) Buyer's firm nomination of Offsite Coal to be shipped in that Contract Year, (iv) Buyer's firm nomination of coal to be purchased from third parties for Test ▇▇▇▇▇, (v) actual Predelivery Tons or Shortfall Tons from the Prior Contract Year, (vi) a forecast of inventory levels by month and by high sulfur and low sulfur stockpile, as applicable, and (vii) a forecast of anticipated Plant outages. If for any Contract Year Buyer's Final Estimate includes Offsite Coal, Buyer shall take delivery of the quantity of Offsite Coal stated in that Final Estimate. If Buyer fails either to ship that quantity of coal offsite or increase the end of Contract Year actual inventory by an amount over the Ending Target Inventory equal to the nominated quantity of Offsite Coal not shipped offsite, Buyer shall be deemed to have failed to take delivery of the quantity of Offsite Coal not shipped offsite or added to inventory. Buyer shall make a payment of $****** per ton for the amount of Offsite Coal not shipped offsite or added to inventory. For the avoidance of doubt, the total payment for Offsite Coal not delivered shall not exceed the amount of Buyer's firm nomination of Offsite Coal multiplied by $****** per ton. This $****** per ton payment shall be increased or decreased annually, in the same manner as the Composite Component described in Section 5.03(b).

Final Estimate. Buyer shall provide a firm nomination of its Requirements and Seller's ’s Delivery Obligation on or before July 15 of each Contract Year, effective for that Contract Year (the "“Final Estimate"”). The Final Estimate shall be made substantially in the form attached as Form A-2. The Final Estimate shall be determined by calculating (i) the planned change in Buyer's ’s inventory from the beginning of the Contract Year to the end of the Contract Year, (ii) the estimated amount of coal to be burned in the Plant Pant for that Contract Year, (iii) Buyer's ’s firm nomination of Offsite Coal to be shipped out in that Contract Year, (iv) Buyer's ’s firm nomination of coal to be purchased from third parties for Test ▇▇▇▇▇, (v) actual Predelivery Tons or Shortfall Tons from the Prior prior Contract Year, (vi) a forecast of inventory levels by month and by high sulfur and low sulfur stockpile, as applicablemonth, and (viiviii) a forecast of anticipated Plant outages. If for any Contract Year Buyer's ’s Final Estimate includes Offsite Coal, Buyer shall take delivery of the quantity of Offsite Coal stated in that Final Estimate. If Buyer fails either to ship that quantity of coal offsite or increase the end of Contract Year actual inventory by an amount over the Ending Target Inventory equal to the nominated quantity of Offsite Coal not shipped offsite, Buyer shall be deemed to have failed to take delivery of the quantity of Offsite Coal not shipped offsite or added to inventory. Buyer shall make a payment of $****** per ton for the amount of Offsite Coal not shipped offsite or added to inventory. For the avoidance of doubt, the total payment for Offsite Coal not delivered shall not exceed the amount of Buyer's ’s firm nomination of Offsite Coal multiplied by $****** per ton. This $****** per ton payment shall be increased or decreased annually, in the same manner as the Composite Component described in Section 5.03(b).