Common use of Unsuitability or Insufficiency of Coal Blends Clause in Contracts

Unsuitability or Insufficiency of Coal Blends. If any Coal Blend does not in practice conform to the Coal Blend Standards or if sufficient quantities thereof become unavailable, then Seller shall promptly inform Purchaser in Writing of such (applicable) nonconformity or unavailability. If, pending selection of any new Coal Blend, the use by Seller of the Coal Blend originally selected by for use at the Plant adversely affects the Plant or Seller’s ability to comply with its obligations under this Agreement then, pending the selection of a new Coal Blend, Seller shall have the authority to utilize another Coal Blend that incorporates the Coals available at the Plant or Coals that are otherwise reasonably available to Seller and which, in Seller’s reasonable judgment, meet or reasonably approximate the Coal Blend Standards. If such a Coal Blend is not available to Seller, then the Screened Coke Quality Standards and the Coke Supply and Purchase Obligation shall be, as appropriate, adjusted at the reasonable discretion of Seller; provided, however, Seller shall provide Purchaser with Written notice of such circumstance, and the basis for any corresponding adjustment to, as applicable, the Screened Coke Quality Standards and/or the Coke Supply and Purchase Obligation.

Unsuitability or Insufficiency of Coal Blends. If any Coal Blend does not in practice conform to the Coal Blend Standards or if sufficient quantities thereof become unavailable, then Seller shall promptly inform Purchaser in Writing of such (applicable) nonconformity or unavailability. If, pending selection of any new Coal Blend, the use by Seller of the Coal Blend originally selected by for use at the Plant Coke Plants adversely affects the Plant Coke Plants or Seller’s ability to comply with its obligations under this Agreement then, pending the selection of a new Coal Blend, Seller shall have the authority to utilize another Coal Blend that incorporates the Coals available at the Plant Coke Plants or Coals that are otherwise reasonably available to Seller and which, in Seller’s reasonable judgment, meet or reasonably approximate the Coal Blend Standards. If such a Coal Blend is not available to Seller, then the Screened Coke Quality Standards and the Coke Supply and Purchase Obligation shall be, as appropriate, adjusted at the reasonable discretion of Seller; provided, however, Seller shall provide Purchaser with Written notice of such circumstance, and the basis for any corresponding adjustment to, as applicable, the Screened Coke Quality Standards and/or the Coke Supply and Purchase Obligation.

Unsuitability or Insufficiency of Coal Blends. If any Coal Blend does not in practice conform to the Coal Blend Standards Standards, or if sufficient quantities thereof become unavailable, then Seller shall promptly inform Purchaser in Writing of such (applicable) nonconformity or unavailability. If, pending selection of any new Coal Blend, the use by Seller of the Coal Blend originally selected by for use at the Plant Coke Plants adversely affects the Plant Coke Plants or Seller’s 's ability to comply with its obligations under this Agreement Agreement, then, pending the selection of a new Coal Blend, Seller shall have the authority to utilize another Coal Blend that incorporates the Coals available at the Plant Coke Plants or Coals that are otherwise reasonably available to Seller and which, in Seller’s Sellers' reasonable judgment, meet or reasonably approximate the Coal Blend Standards. If such a Coal Blend is not available to Seller, then Seller shall (i) promptly notify Purchaser in Writing of such circumstance; (ii) in good faith and in accordance with commercially reasonable standards adjust the Screened Coke Guaranteed Quality Standards and and, as applicable, the Coke Supply and Purchase Obligation shall beObligation, but only as appropriaterespects such period of unavailability; and (iii) in connection with such adjustment(s), adjusted account for Purchaser's coke quality requirements in respect of its blast furnace(s) located at the Xxxxxx Plant; and (iv) shall exercise commercially reasonable discretion efforts to limit the duration of Sellerany such adjustment; provided, however, Seller that Purchaser shall provide Purchaser with Written receive a minimum of five (5) days notice of such circumstance, and the basis for any corresponding adjustment toSeller's adjusted Guaranteed Quality Standards and, as applicable, the Screened Coke Quality Standards and/or amount of the adjustment to the Coke Supply and Purchase Obligation.