Common use of Performance Payments Clause in Contracts

Performance Payments. During each month of the Term, a Performance Payment will be available to Anker in an amount equal to [_ _ _ _], after giving effect to the provisions of the Third Amendment to the Coal Supply Agreement providing for quarterly adjustment of the Base Escalator. The Performance Payment available to Anker will be payable to Anker after the end of each month if Anker has fully performed its obligations for that month in accordance with the terms of the CSA and this Agreement. In any month in which Anker has not fully performed its obligations under the CSA and this Agreement, the Performance Payment otherwise available under the terms of this Agreement will be forfeited.