Common use of First Delivery Date Clause in Contracts

First Delivery Date. 2.9.1 Not later than 5 days from Effective Date, both parties, shall determine a mutually agreeable 3 Month period (target start period) within a time period of 18 month from the Effective Date for commencement of coal supplies. In the event that the Parties are not able to agree on such 3-Month period the later of the 3 month period suggested by either party shall prevail. The actual date of coal delivery at the Delivery Point by the Seller during the mentioned 3 month period shall be the First Delivery Date. In case there is no coal supply by the Seller at the Delivery Point during this 3 month period owing to reasons other than Force Majeure the last date of such 3 month period shall be deemed to be the First Delivery Date and performance obligations of both the Parties in accordance with the provisions of this Agreement shall be applicable thereafter 2.9.2 In case of Force ▇▇▇▇▇▇ during the target start period and the affected party provides documents to other party’s satisfaction establishing the Force Majeure period, then the target start period shall stand extended by the number of days for which Force ▇▇▇▇▇▇ has occurred. Such extension due to Force ▇▇▇▇▇▇ however shall not exceed a total of 180 days

Appears in 1 contract

Sources: Coal Supply Agreement

First Delivery Date. 2.9.1 A. Not later than 5 days from Effective Date, both parties, shall determine a mutually agreeable 3 Month period (target start period) “Target Start Period” within a time period of 18 month from the Effective Date for commencement of coal supplies. In the event that the Parties are not able to agree on such 3-Month period the later of the 3 month period suggested by either party shall prevail. The actual date of coal delivery at the Delivery Point by the Seller during the mentioned 3 month period shall be the First Delivery Date. In case there is no coal supply by the Seller at the Delivery Point during this 3 month period owing to reasons other than Force Majeure the last date of such 3 month period shall be deemed to be the First Delivery Date and performance obligations of both the Parties in accordance with the provisions of this Agreement shall be applicable thereafter 2.9.2 B. In case of Force ▇▇▇▇▇▇ during the target start period and the affected party provides documents to other party’s satisfaction establishing the Force Majeure period, then the target start period shall stand extended by the number of days for which Force ▇▇▇▇▇▇ has occurred. Such extension due to Force ▇▇▇▇▇▇ however shall not exceed a total of 180 days

Appears in 1 contract

Sources: Coal Supply Agreement