ADES » Topics » Early Supply Ranges:

This excerpt taken from the ADES 10-Q filed Nov 7, 2008.

Early Supply Ranges:

 

         2009    1Q 2010    Total

Low Demand Projection Scenario

(Based on *)

     *    *    *

Low Demand Scenario Incorporating

-*% Annual Minimum Tolerance

(See Note 4)

     *    *    *

High Demand Projection Scenario

(Based on *)

     *    *    *

High Demand Scenario Incorporating

+*% Annual Maximum Tolerance

(See Note 5)

     *    *    *

 

4


Notes:

 

1) Units of measure for above projection ranges are pounds.

 

2) Ranges provided above are for informational purposes only, and establish the annual parameters for projected commitment levels to be provided on or before*.

 

3) Pursuant to Section 4 of the Agreement, Buyer shall provide Annual Nomination to Seller sixty (60) days prior to each Contract Year.

 

4) In accordance with Section 4 of the Agreement, *% tolerance calculation applied to low demand scenario to reflect lowest possible demand parameter for specified Contract Year. If realized, Buyer would increase Annual Nominations in subsequent years consistent with achieving minimum commitment of * pounds.

 

5) In accordance with Section 4 of the Agreement, *% tolerance calculation applied to high demand scenario to reflect highest possible demand parameter for specified Contract Year. If realized, Buyer would decrease Annual Nominations in subsequent years consistent with achieving maximum commitment of * pounds.

 

6) Buyer and Seller agree to establish cap on 2009 delivery requirement not to exceed * pounds. If 2009 cap is realized, maximum commitment over term of the contract would be equitably reduced to * pounds.

 

5


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