Term and Delivery Period. Term. The “Term” of this Agreement shall commence upon the Effective Date, and shall continue until the expiration of the Delivery Period. Delivery Period.
Term and Delivery Period. 4 2.01 Term. 4 2.02 Delivery Period. 4 2.03 Expected Initial Delivery Date. 5 2.04 Initial Delivery Date 5 2.05 Initial Delivery Deadline 6 2.06 Extension of Initial Delivery Deadline 6 2.07 CPUC Approval. 8
Term and Delivery Period. This Agreement shall become effective as of the Effective Date and shall continue in effect for a period ending at the end of HE 2400 CPT on the Termination Date (the “Term”) provided, however, that: (i) termination of this Agreement for any reason shall not relieve any of the Companies or the BGS-FP Supplier of any obligation accrued or accruing prior to such termination, (ii) applicable provisions of this Agreement shall continue in effect after termination to the extent necessary to provide for final xxxxxxxx, settlements, payments and adjustments, (iii) termination of this Agreement for an Event of Default shall not deprive the Non-Defaulting Party of its rights and remedies to recover its full damages as provided elsewhere in this Agreement, and (iv) those provisions designated or described in Sections 14.2 and 15.13(iii) shall survive termination. The provision of BGS-FP Supply shall commence at the beginning of HE 0100 CPT on the Delivery Start Date and shall end at the end of HE 2400 CPT on the Termination Date (the “Delivery Period”).
Term and Delivery Period. 4 2.01 Term. 4 2.02 Delivery Period. 4 2.03 Expected Initial Delivery Date. 4
Term and Delivery Period. The term of this Agreement (the “Term”) shall commence on the Effective Date, and shall remain in effect until December 31, 2008, except as provided elsewhere in this Agreement. Provided this Agreement is still in effect, Buyer shall have the optional right, but not the obligation, to extend the term of this Agreement for two one-year term extensions, the first of which shall be referred to as the “First Extended Term” and shall begin January 1, 2009 and end December 31, 2009. Should Buyer elect the First Extended Term, then a second one-year term extension shall become available and shall be referred to as the “Second Extended Term” and shall begin on January 1, 2010 and end on December 31, 2010. Each such election shall be referred to as an “Option” for Coal produced from reserves of Coal dedicated to this Agreement in Schedule 3.1-B hereof. Buyer shall give written notice of its desire to extend the term for such additional period on or before July 1 of the preceding year. If such optional right of Buyer is exercised, all provisions of this Agreement shall continue in full force and effect over the extended term designated by Buyer. The delivery period of this Agreement (the “Delivery Period”) shall be from January 1, 2005, through December 31, 2008, except as provided elsewhere in this Agreement.
Term and Delivery Period. Term. The “Term” of this Agreement shall commence upon the Effective Date, and shall continue until the expiration of the Delivery Period. Delivery Period. The “Delivery Period” shall commence at 12:01 a.m. on the Initial Delivery Date, and shall continue until the earlier of: midnight on the date that is [number of years] years after the Expected Initial Delivery Date or the date this Agreement is otherwise terminated in accordance with its terms.
Term and Delivery Period. 4 2.01 Term 4 2.02 Delivery Period 4 2.03 Project Completion Deadline 4 2.04 Project Completion Date 4 2.05 Initial Delivery Deadline 5 2.06 Initial Delivery Date 5 2.07 Termination Before Delivery Period 5
Term and Delivery Period in its entirety and replace with the following in lieu thereof:
Term and Delivery Period. The term of this Agreement (the “Term”) shall commence on the Effective Date, and shall remain in effect until February 28, 2009, except as provided elsewhere in this Agreement. The delivery period of this Agreement (the “Delivery Period”) shall be from October 1, 2004 through February 28, 2009. Reference is also made to Article II of the Agreement which establishes obligations and deliveries. Buyer and Seller hereby agree to replace the first sentence of the second paragraph within Article II, Section 2.1 with the following in lieu thereof: “For the period commencing October 1, 2004 and ending February 28, 2006, Seller shall have the right to ship up to 20,000 tons per month at $51.00 per ton delivered to the Big Xxxxx Plant.” Reference is also made to Article V, of the Agreement which establishes the Contract Price. Buyer and Seller hereby agree to replace the contract price portion of Article V and the first three paragraphs with the following in lieu thereof: “The Contract Price shall be as follows: Period Contract Price October 1, 2004 through February 28, 2008 $51.00 per ton delivered to the Big Xxxxx Plant March 1, 2008 through February 28, 2009 (to be determined as follows) On or before November 30, 2007, the parties shall negotiate, in good faith, to reach agreement on the price of Coal for the final 12 (twelve) month period (March 1, 2008 thru February 28, 2009). The agreed upon Contract Price shall reflect the one year market price of Coal, of the quality and quantity herein, delivered to the Big Xxxxx Plant. Such market price shall be no less than $6.00 below, nor be more than $6.00 above the Contract Price as of October 31, 2007. Such agreed upon price shall become the new Contract Price. Should the Parties be unable to agree upon a new Contract Price by November 30, 2007, then the final Contract Year’s Contract Price shall be equal to the NYMEX-Spec OTC forward price quoted for the up-coming calendar year (2008), as published by Argus Coal Daily, or its successor publication, on the last published date of such publication prior to November 30, 2007. However, in no case shall the Contract Price be reduced by more than $6.00 per ton nor increased by more than $6.00 per ton from the then current Contract Price. Notwithstanding the above, until Seller delivers nine-hundred, sixty thousand (960,000) tons of coal, except as provided herein under Changes in Law and Article VII, the Contract Price of $51.00 per ton delivered to the Big Xxxxx Plant sh...
Term and Delivery Period. The term of this Agreement (the "Term") shall commence on the Effective Date, and shall remain in effect until February 29, 2008, except as provided elsewhere in this Agreement. The delivery period of this Agreement (the "Delivery Period") shall be from October 1, 2004, through February 29, 2008.
