Optional Remedy. Notwithstanding Section 2.06, in lieu of termination pursuant to Section 2.05, Buyer may give written notice to Seller not later than ninety (90) days from Buyer's Notice of Suspension that Buyer elects to exercise the Optional Remedy prescribed by this Section 2.07. In such case, Seller will resume shipments and if Seller fails to deliver coal in the requisite amount that conforms to all the specification limitations set forth in Section 2.05 for at least two (2) consecutive calendar months of the six (6) complete calendar months following the month in which Buyer gives notice of its option to exercise the Optional Remedy prescribed by this
Appears in 2 contracts
Sources: Coal Sales Agreement (Cogentrix Energy Inc), Coal Sales Agreement (Cogentrix Energy Inc)