Nomination by Buyer. No later than five (5) Days prior to the beginning of each Month, Buyer shall provide Seller with written notice of Buyer’s nominations for each Day of such Month. Such nomination shall specify daily deliveries at uniform rates not in excess of the applicable Daily Contract Quantity, unless otherwise agreed in advance by Seller. If Buyer fails to provide such nomination within the prescribed period, Buyer’s nomination shall be deemed to be the quantities which were nominated during the immediately preceding Month. Buyer shall use its best efforts to submit nominations which accurately reflect Buyer’s anticipated daily requirements.
Appears in 3 contracts
Sources: Carbon Dioxide Sale and Purchase Agreement (Resolute Energy Corp), Carbon Dioxide Sale and Purchase Agreement (Resolute Energy Corp), Carbon Dioxide Sale and Purchase Agreement (Resolute Energy Partners, LP)