Common use of Quantity and Nominations Clause in Contracts

Quantity and Nominations. 5.1. Subject to the terms and conditions of Attachment B attached hereto, Buyer shall nominate to Seller in writing (by electronic means or facsimile) the quantity of each Product for delivery by Seller to Buyer at the Delivery Point at least five (5) business days prior to the beginning of each month during the Contract Term. To the extent practicable and unless otherwise mutually agreed upon between Seller and Buyer, Seller shall deliver Product to the Delivery Point at a uniform hourly delivery rate consistent with Buyer’s applicable nomination. During the month, Buyer may request reasonable modifications to its nomination by providing Seller with prior written notice. Seller shall use reasonable efforts to accommodate any such proposed modifications but Seller shall have no liability in the event it determines it is unable to comply in whole or in part with any such proposed modification. 5.2. Contemporaneously with the delivery of the nomination provided for in Section 5.1, Buyer shall provide Seller with a written rolling 90 day forecast setting out its monthly estimated total propylene purchase needs for the 90 days commencing with the month following the month covered by the nomination delivered in accordance with Section 5.1.