NITRIC ACID Sample Clauses

NITRIC ACID. 2.1 Supply - From the Commencement Date until the Termination Date, BMS and EDNLP agree that BMS shall acquire, and EDNLP shall supply, BMS's monthly requirements of Nitric Acid meeting the requirements set forth in Section 2.2(A) hereof, to the extent of BMS's needs for facilities located at the Bayer Baytown Plant, from the Nitric Acid Facility, up to the maximum monthly production of the Nitric Acid Facility. BMS may obtain any nitric acid requirements at the Bayer Baytown Plant in excess of the available production of the Nitric Acid Facility from El Dorado or from any other source whatsoever. In the event of any planned or unplanned outage, BMS, EDNLP and El Dorado agree that the Back-up Supply Plan, attached hereto as Exhibit B, shall become operative, if required. 2.2 (A) Nitric Acid Specifications - EDNLP covenants that it will operate the Nitric Acid Facility to provide Nitric Acid of: (i) an assay of at least sixty-five percent (65%); (ii) an iron content of not more than one and three-tenths parts per million (1.3 ppm) on a thirty (30) day rolling average, and in no event to exceed ten parts per million (10 ppm); (iii) total oxides of nitrogen, as N2O3, of not more than one hundred parts per million (100 ppm); (iv) color of less than one hundred (100) APHA units; and (v) a chloride content of not more than ten parts per million (10 ppm). During the first five hours following any start-up of the Nitric Acid Facility, EDNLP may provide Nitric Acid meeting the minimum criteria set forth in Section 2.2(B) hereof ("Start-up Nitric Acid"). During any planned or unplanned outage, EDNLP shall be permitted to provide nitric acid meeting the minimum criteria set forth in Section 2.2(B) hereof ("Substitute Blended Nitric Acid") pursuant to the Back-up Supply Plan set forth in Exhibit B hereto.