Primary Supply definition
Examples of Primary Supply in a sentence
The Parties acknowledge that exigent circumstances may arise where Fulcrum may have immediate needs for Additional Feedstock Requirements (e.g., a temporary or permanent unexpected shortfall in Feedstock supplied under the Primary Supply Agreement).
If Fulcrum requires any Feedstock for its Facility in excess of materials received by Fulcrum under the Primary Supply Agreement, subject to the other provisions of this Agreement, Fulcrum shall schedule and accept such Feedstock (up to the then-applicable Maximum Deliverable Quantity) from Supplier to the extent required for Fulcrum’s Facility.
Prior to the PPA Amendment Effective Date, Seller intends to enter into a Primary Supply Contract with Adaro (Supplier 1) and other potential Primary Supplier(s) as required, and at any time, Seller may also enter into additional Primary Supply Contract(s) and Secondary Supply Contracts with one or more other coal suppliers (Suppliers 2 through "i', where "i' is the total number of Suppliers).
If PLN, Seller and potential Supplier(s) fail to reach agreement on P for any proposed Primary Supply Contract within thirty (30) days the date specified for commencement of such good faith negotiations, Seller will solicit bids on an open tender basis, from Primary Suppliers included in the Approved Coal Supplier Schedule, specifying the date that Seller desires coal supply to commence and the lot quantity and total number of lots to be bid under such Primary Supply Contracts.
One hundred fifty (150) days prior to the date that coal deliveries under such Primary Supply Contract(s) are scheduled to commence, Seller and PLN will enter into good faith negotiations with Suppliers in order to reach agreement on the value of P for such Primary Supply Contracts.
However, if the expert fails to render his determination prior to the termination date of the Primary Supply Contract, the relevant Supplier will continue to supply coal in accordance with the terms and conditions of the relevant Primary Supply Contract until the expert has made his determination known to the Parties, and the base value of P shall be the value of P in effect during the fifth calendar year of such Primary Supply Contract.
Shall be the Power Factor Clause as defined in the Primary Supply Rate (D11).
At any time the aggregate maximum specified annual quantity under all Primary Supply Contracts (exclusive of the 10% option) shall be four (4) million tonnes.
Such consultation shall be required if and only if: such Surplus Coal is available in quantities of not less than forty thousand (40,000) tonnes per occurrence and complies with the definition of Primary Supply Coal as defined in Section 1 herein; and that in agreeing to receive such Surplus Coal, Seller does not breach the terms of any Supply Contract in effect at the time of receipt of such Surplus Coal.
During the period of such negotiations Seller shall consult with PLN on the matter of whether or not to exercise the option to extend such Primary Supply Contract(s).