Quantity Obligations Sample Clauses

Quantity Obligations. 3.1 To effectuate a delivery under a Transaction, Seller shall schedule, or cause to be scheduled, with a Transporter; and to effectuate receipt of the Gas under that same Transaction, Buyer shall schedule, or cause to be scheduled, with a Transporter, an identical quantity of Gas, at the Delivery Point(s) for firm Transaction(s), each Gas Day. For firm Transactions, scheduling shall be for firm quantities. Such scheduled quantity shall be equal to the quantity agreed to in the applicable Transaction. Unless otherwise agreed, nothing in this Agreement, and in particular this Article 3, shall require or permit either Party to schedule Gas at a point other than a Delivery Point or in excess of the DCQ. 3.2 If on any Gas Day Seller fails to Schedule Buyer's DCQ, and as a result Gas is not delivered to Buyer, then such occurrence shall constitute a "Seller's Deficiency Default" and "Seller's Deficiency Quantity" shall be the numerical difference between Buyer's DCQ and the amount of Gas Scheduled for such Gas Day. In the event of a Seller's Deficiency Default, Seller shall pay Buyer a sum of money pursuant to the provisions of Article 11.4

Quantity Obligations. Buyer shall take from Seller and pay for, or pay for, if not taken, the minimum quantities specified in Exhibit 2, as such minimum quantities may be amended as herein set forth (the “Carbon Purchase Commitment”), except to the extent Seller does not deliver Carbon due to Seller’s breach or a Force Majeure event preventing Seller’s performance. In such event, Buyer’s Carbon Purchase Commitment shall be reduced on a pound for pound basis to account for such event; provided, however, that if such event leads to termination of this Agreement in accordance with its terms, the Carbon Purchase Commitment will terminate upon such termination. Subject to the Carbon Purchase Commitment and terms and conditions of this Agreement, during each Contract Year, Seller shall tender and sell to Buyer at the Point of Delivery, and Buyer shall purchase from Seller, the total quantity of Carbon specified in Buyer’s Annual Nomination pursuant to Section 4.2, as such Annual Nomination may be revised from time to time in accordance with Section 4.3 and other applicable provisions of this Agreement; provided, further, that Buyer’s Annual Nomination shall at all times be consistent with achieving Buyer’s full Carbon Purchase Commitment during the term of this Agreement, except to the extent that Buyer is not obligated to purchase such full Carbon Purchase Commitment as set forth above. Further, to the extent Seller does not use commercially reasonable efforts to sell Carbon that Buyer fails to accept as contemplated by the definition of “Cover Standard for Seller”, Buyer’s Carbon Purchase Commitment shall be reduced by the amount of Carbon Seller would have been able to sell had it used such commercially reasonable efforts as contemplated by such definition. Buyer shall have the one time right to increase the Carbon Purchase Commitment that is set forth on Exhibit 2 by notifying Seller in writing on or before January 1, 2009 of its election to increase such commitment by any amount up to, but not in excess of, the annual amounts set forth on Exhibit 2A. If Buyer does not so elect on or before January 1, 2009 to increase such commitment, the Carbon Purchase Commitment shall remain as set forth on Exhibit 2. However, if Buyer elects to increase its commitment as provided in this paragraph, the Carbon Purchase Commitment set forth on Exhibit 2 shall be revised in accordance with Buyer’s election and the new Carbon Purchase Commitment shall be as so revised. Notwithstanding the foregoi...

Quantity Obligations. Buyer shall purchase all of its Coal requirements for Buyer’s Facility from Seller pursuant to this Agreement unless (a) Seller is unable to deliver all of Buyer’s requirements in accordance with this Agreement, (b) Seller is in default under this Agreement, (c) an Event of Force Majeure prevents Seller from supplying Buyer with its Coal requirements, (d) Buyer’s obligations are in suspension as provided for in Section 5.2.3, (e) Seller is not supplying Buyer with its Coal requirements due to a change in Environmental Laws as provided in Section 14.5, or (f) Seller is unwilling to supply Buyer with Declined Tons pursuant to Section 4.4 (each an “Excuse Event”). Subject to the terms and conditions of this Agreement, during each Delivery Year, Seller shall tender to Buyer at the Point of Delivery and Buyer shall purchase from Seller, the total quantity of Coal specified in Buyer’s Annual Nomination pursuant to Section 4.2, as such Annual Nomination may be revised from time to time in accordance with Section 4.3 and other applicable provisions of this Agreement; provided that Buyer’s Annual Nomination shall at all times reflect the full Coal requirements of Buyer’s Facility unless Seller is not obligated to supply or Buyer is not obligated to purchase such full Coal requirements due to an Excuse Event.

Quantity Obligations. All gas shall be nominated at the Delivery Point on a firm basis. If on any day a party fails to deliver or receive the DCQ, then such occurrence shall constitute a "Default" and the "Default Quantity" shall be the numerical difference between the DCQ and the amount of gas actually delivered or taken. Upon Default, the defaulting party shall pay to the other party an amount equal to the sum of (i) the product of the Default Quantity multiplied by the Replacement Price Differential plus (ii) liquidated damages equal to $0.15 multiplied by the energy content of the Default Quantity plus (iii) all pipeline penalties incurred. "Replacement Price Differential" means (i) in the event of a Seller's Default, the positive difference obtained by subtracting the Contract Price from the cost, including transportation and other basis differential adjustments, to Buyer, acting reasonably, in an incremental, arm's length purchase(s) from a third party, to replace the Default Quantity for such day and (ii) in the event of a Buyer's Default, the positive difference obtained by subtracting from the Contract Price the price obtained by Seller, acting reasonably, in an incremental, arms length sale(s) to a third party of a quantity equal to the Default Quantity for such day, including transportation and other basis differential adjustments.

Quantity Obligations. Select undertakes to purchase annually minimum volumes as indicated in Exhibit I of this Agreement.

Quantity Obligations