Quality Adjustments. If Coal delivered under a Transaction varies from the Specifications and Buyer does not exercise its rejection rights under Article 5.2, quality adjustments shall be calculated pursuant to the formulas set forth in Exhibit D, and for any other specification(s) according to formula(s) set forth in the Confirmation. Within ten (10) days after the end of each month during the Term for each Transaction, the quality adjustments for each Transaction, if any, shall be netted against each other and the net quality adjustment, as appropriate, for all Shipments during such month shall be determined by Seller, and Buyer shall pay Seller the net positive adjustment, if any, or Seller shall credit Buyer the net negative adjustment, if any, on the next invoice (or pay such amount to Buyer in the event no further invoices are due) in accordance with the billing and payment terms of Article 6.
Quality Adjustments. If Coal delivered under a Transaction varies from the specifications in the Confirmation for such Transaction and Buyer does not exercise its rejection rights under Section 5.2, quality adjustments shall be calculated pursuant to the formulas set forth in the relevant Confirmation in addition to any negotiated price reduction. Within ten (10) Business Days after the end of each month during the Term for each Transaction, the quality adjustments for each Transaction as specified in the relevant Confirmation. if any, shall be netted against each other and the net quality adjustment, as appropriate, for all Shipments during such month shall be determined by Buyer, and Buyer shall pay Seller the net positive adjustment, if any, or Seller shall credit Buyer the net negative adjustment, if any, on the next invoice (or pay such amount to Buyer in the event no further invoices are due) in accordance with the billing and payment terms of Article 6. The adjustments provided in this Section 5.1 are in addition to Buyer’s other rights and remedies provided in this Master Agreement, by law or in equity. Any adjustment pursuant to this Section 5.1 with respect to any Shipment of Fuel under this Master Agreement shall not waive such other rights and remedies with respect to that Shipment of Fuel or any future Shipment of Fuel under this Master Agreement.
Quality Adjustments. If Coal delivered under a Confirmation varies from the Specifications and Buyer does not exercise its rejection and/or suspension rights, quality adjustments shall be calculated pursuant to the formulas set forth in the relevant Confirmation. Within ten (10) days after the end of each month during the Term for each Confirmation, the quality adjustments for each Confirmation shall be netted against each other and the net quality adjustment for all Shipments during such month shall be determined by Seller. Buyer shall pay Seller the net positive adjustment, if any, or Seller shall credit Buyer the net negative adjustment, if any, on the next invoice (or pay such amount to Buyer in the event no further invoices are due) in accordance with the billing and payment terms of Article 7.
Quality Adjustments. With respect to the actual delivery prices, the final price paid by the Buyer will vary according to the following:
Quality Adjustments. In order for the Selling Price to accommodate variations in calorific value, sulfur dioxide value, and ash value of the Coal delivered hereunder, there shall be an amount(s) added to or subtracted from the Contract Prices as provided for in this Article. For purposes of this Schedule 7.2, the “Contract Price” shall mean the applicable Contract Price (based upon the Contract Year, specification, and Designated Delivery Point) in accordance with Article V. These price adjustments shall be in addition to any rights which Buyer may have as provided or referenced under Article II of this Agreement.
Quality Adjustments. Payments, reductions in Transaction Price or Delivery Quantity, or other credits provided to BUYER by SELLER as compensation for variations in or deviations from the Quality Specifications for the Product.
Quality Adjustments. Adjustments to the Contract Price for variances in quality shall be made in accordance with the provisions of this Article VII. All quality adjustment calculations shall be carried out four decimal places. The resulting amount shall be added to or subtracted from, as applicable, the Contract Price. The Contract Price as adjusted by such provisions shall then be rounded to the nearest tenth of a cent ($0.001) and referred to as the “Selling Price.” In order for the Selling Price to accommodate variations in heating value (Btu/lb.), sulfur dioxide value, and ash value of all Coal delivered hereunder, there shall be an amount(s) added to or subtracted from the Contract Price using the weighted averages of the Coal delivered FOB Plant and of each Designated Delivery Point. These price adjustments shall be in addition to any rights which Buyer may have as provided or referenced under Article II.
Quality Adjustments. The Baseline Funding Level shall be adjusted annually as follows (the “Quality Adjustment”):
Quality Adjustments. There will be no change in the specifications of the Product produced by the supplying party without the express written consent of the receiving party. The supplying party shall give sufficient prior notice to the receiving party of any significant change(s) in raw materials, manufacturing processes, or test methods for mutual assessment of the probable effect on the receiving party's Product performance. Final Product attributes will remain unchanged and will be consistent with the Specifications.
Quality Adjustments. All on basis of loadport analysis.
