Material Default Conditions Sample Clauses

Material Default Conditions. The existence of any of the following material default conditions ("Material Default Conditions") may result in a Material Default by SJCC: (1) Failure of SJCC to deliver coal as specified in Paragraph 3.1 such that: (i) A ten percent (10%) per month or greater shortfall in deliveries as set forth in Exhibit "D" occurs in any six (6) consecutive months (as adjusted pursuant to Paragraph 16.1(d)(2) "Rejection of Non-SJCC Coal"); or (ii) A cumulative shortfall of sixty percent (60%) in deliveries as set forth in Exhibit "D" occurs over any three (3) month period (as adjusted pursuant to Paragraph 16.1(d)(2) "Rejection of Non-SJCC Coal"); (2) Failure of SJCC to comply with the requirements of Paragraph 5.2 "Coal Quality" (as amended by Paragraph 16.1(d)(5) in the event that Non-SJCC Coal is supplied under Non-Normal Conditions); (3) Failure of SJCC to maintain a Reserve of Coal greater than 250,000 tons.

Material Default Conditions. The existence of any of the following material default conditions ("Material Default Conditions") may result in a Material Default by SJCC: (1) Failure of SJCC to deliver coal as specified in Paragraph 3.1 such that: (i) A ten percent (10%) per month or greater shortfall in deliveries as set forth in Exhibit "D" "San Juan Generation Station" occurs in any six (6) consecutive months (as adjusted pursuant to Paragraph 16.1(f) and (g)); or (ii) A cumulative shortfall of sixty percent (60%) in deliveries as set forth in Exhibit "D" "San Juan Generation Station" occurs over any three (3) month period (as adjusted pursuant to Paragraph 16.1(f) and (g)); (2) Failure of SJCC to comply with the requirements of Paragraph 5.2 "Coal Quality" (as amended by Paragraph 16.1(e)(5) in the event that Non-SJCC Coal is supplied under Non-Normal Conditions); (3) Failure of SJCC to maintain a Reserve of Coal greater than 250,000 Tons. The occurrence of any of these three conditions is not itself a Material Default.