Base Quantity. The annual Base Quantity is revised to read as follows, all other terms and conditions set forth in this Section 3.1 shall remain as stated in the Agreement: YEAR BASE QUANTITY (TONS) 2008 600,000 2009 2,300,000 2010 3,800,000 * 2011 4,200,000 ** 2012 4,200,000 ** 2013 4,000,000 ** 2014 4,000,000 ** 2015 4,000,000 ** * - Buyer shall have the right to nominate up to 1,500,000 tons of this amount to be delivered by rail. Buyer shall make such nomination to Seller in writing by September 1, 2009. ** - Buyer shall have the right to nominate up to 2,500,000 tons of this amount per year to be delivered by rail for calendar years 2011 through the term of the Agreement. Buyer shall make such nomination in writing to Seller by September 1 of the preceding year.
Appears in 3 contracts
Sources: Coal Supply Agreement (Armstrong Coal Company, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.)