Suspension of Shipments. If the weighted semimonthly average quality analysis of all coal delivered during any month hereunder, as reported by Seller to Keystone pursuant to Section 10.3(b), fails to conform to each Semi-Monthly Average Suspension Specification as set forth in Section 6.2, Keystone may suspend further Shipments by notice to Seller given within ten days following receipt of Seller's report on quality pursuant to Section 10.3(b). Such suspension shall apply to all
Suspension of Shipments. An event described in the last sentence of Section 6.3 has occurred with respect to a Confirmation.
Suspension of Shipments. Shipments of coal under this Order may be suspended if coal received hereunder fails to comply with the following specifications based on the As-Received analyses: Three Consecutive Months(1) Monthly(2) 2 Analyses Per 30 Consecutive Day Period(3) Each Analysis (4) Vol. Matter % — ******-****** — — Moisture % — ****** (max.) — — Ash ****** (max.) ****** (max.) — (lbs./mmBtu) SO2 — ******–****** — — (lbs./mmBtu) Grind (HGI) ****** (min.) — — — Ash Fusion °F — — — ****** (min.) (Hemis.) Heating Value (Btu/lb.) ****** (min.) ****** (min.) ****** (min.) — Size — — — ******% fines(max.) (5) (no debris,etc.)
Suspension of Shipments. FOR COAL QUALITY DEFICIENCIES Should the coal quality of any Shipment fail to comply with any of the suspension specifications stated in Section 4.1 of this Agreement, Buyer shall have the right to suspend immediately all Shipments by giving notice of the suspension to Seller. After receipt of such notice, Seller shall immediately commence appropriate action and use its best efforts to correct the deficiency. Seller shall furnish Buyer with such, documentation as Buyer may reasonably require to assure Buyer of Seller's ability to perform. If Buyer is reasonably assured that Seller can deliver coal which complies with the guaranteed specifications of Section 4.1, then a test Shipment shall be scheduled. If analysis by Buyer shows the test Shipment to be in compliance with the guaranteed specifications of Section 4.1, deliveries shall be permitted to resume. Buyer shall have the sole right to determine if Seller shall be allowed to make up any tonnage not delivered during the suspension. If Buyer does not receive adequate assurance of Seller's ability to deliver coal which complies with the guaranteed specifications, within thirty (30) days of suspension notice, or if the test delivery fails to comply with the guaranteed specifications, Buyer shall so notify Seller of such failure, and this Agreement may be immediately terminated, at Buyer's option.
Suspension of Shipments. The parties acknowledge that Mosaic Fertilizer (as successor to MPC) has suspended shipments of phosphate rock to USAC and Sinochem under the Rock Agreement for the period beginning on August 15, 2005 through the Closing Date (the “Suspension Period”), and agree that neither USAC nor Sinochem has any obligation to pay for any phosphate rock that otherwise would have been but is not shipped during such Suspension Period. The parties further agree that there shall be no obligation on either party to make up any volume of phosphate rock that is not shipped during the Suspension Period.
Suspension of Shipments. In addition to any other right or remedy to which Tegal may be entitled, shipments of Products to Noah or its Customers may be suspended at Tegal’s discretion in the event that Noah fails to promptly and faithfully discharge each and every obligation in this Section 7.
Suspension of Shipments. 5.1 Any other provision of this Agreement notwithstanding, in the event coal from a source other than the Dotiki Mine or the Pattiki Mine has unforeseen, adverse effects on the operation of Seminole's coal-fired electric generating plant, Seminole shall so notify Alliance and, at its option exercisable at or subsequent to the time of notification, may direct Alliance to suspend further shipments of coal from such source until Alliance can deliver coal from such source (or other source(s)) which does not adversely affect the operation of Seminole's plant. Upon notification by Seminole, Alliance immediately shall take reasonable and economically prudent measures to correct such conditions under its control so as to eliminate the cause of the adverse effect. If shipments have been suspended at Seminole's direction and Alliance believes it has corrected the condition, Alliance shall so notify Seminole and the parties shall arrange for a test shipment. If the results of the test shipment indicate that the coal can be burned satisfactorily, and that the adverse operational effects have been eliminated, then shipments from the subject source may be resumed by Alliance. If the test shows that the adverse effects persist, Alliance will make no further shipments from the subject source under this Agreement.
Suspension of Shipments. 18 6.5 Coal Handling or Operating Problems ......................... 19 6.6
Suspension of Shipments. If the monthly weighted average quality of all coal delivered during any month hereunder, as reported by Seller to ICL pursuant to Section 11.3, fails to conform to each monthly weighted average specifications set forth in Exhibit 6.1, and Seller does not provide Adequate Assurances with such report that future Shipments will conform to such monthly weighted average quality, ICL may suspend further Shipments not then in transit by notice to Seller given within ten days following receipt of Seller's report on quality pursuant to Section 11.3. Such suspension shall continue until Seller provides Adequate Assurances satisfactory to ICL that future Shipments will conform to the monthly weighted average quality specifications set forth in Exhibit 6.1. If Seller has not provided such Adequate Assurances within 30 days after receiving notice from ICL of the suspension of Shipments, then Seller shall have committed a Default as specified in Section 14.1.
Suspension of Shipments. If the weighted semi-monthly average quality analysis of all coal delivered during any month hereunder, as reported by Seller to Keystone pursuant to Section 10.3(b), fails to conform to each Semi-Monthly Average Suspension Specification as set forth in Section 6.2, Keystone may suspend further Shipments by notice to Seller given within ten days following receipt of Seller's report on quality pursuant to Section 10.3(b). Such suspension shall apply to all Shipments not in transit on the date of the notice of suspension and shall continue until Seller provides adequate assurances that future Shipments will conform to the quality specifications set forth in Section 6.2. If Seller has not provided such adequate assurances within 90 days after receiving notice from Keystone of the suspension of Shipments, then Seller shall have committed an Event of Default as specified in Section 12.1(d) hereof. --------------------------------------------------------------------------------
