Common use of ACTUAL PRODUCTION ROYALTY Clause in Contracts

ACTUAL PRODUCTION ROYALTY. 5.1 The “Actual Production Royalty” which shall be paid to COLT by Lessee, when due and without demand by COLT, for each ton of two thousand (2,000) pounds of Coal mined from the Premises by Lessee, its agents, contractors or assigns, and sold to Bona Fide Purchasers or used and consumed by Lessee during the term hereof shall be the greater of three dollars and forty cents ($3.40) or eight and one-half percent (8 1/2%) of the Gross Sales Price of such Coal, all f.o.b. the mine site Loading Point (and net of any royalty paid by Lessee to any governmental lessor).The volumes used to calculate the Actual Production Royalty will be the actual tons paid for by Bona Fide Purchasers.

ACTUAL PRODUCTION ROYALTY. 5.1 The “Actual Production Royalty” which shall be paid to COLT by Lessee, when due and without demand by COLT, for each ton of two thousand (2,000) pounds of Coal mined from the Premises by Lessee, its agents, contractors or assigns, and sold to Bona Fide Purchasers or used and consumed by Lessee during the term hereof shall be the greater of three dollars and forty cents ($3.40) or eight and one-half percent (8 1/2%) of the Gross Sales Price of such Coal, all f.o.b. the mine site Loading Point (and net of any royalty paid by Lessee to any governmental lessor).The lessor). The volumes used to calculate the Actual Production Royalty will be the actual tons paid for by Bona Fide Purchasers.

ACTUAL PRODUCTION ROYALTY. 5.1 The “Actual Production Royalty” which shall be paid to COLT RUGER by Lessee, when due and without demand by COLTRUGER, for each ton of two thousand (2,000) pounds of Coal mined from the Premises by Lessee, its agents, contractors or assigns, and sold to Bona Fide Purchasers or used and consumed by Lessee during the term hereof shall be the greater of three dollars and forty cents ($3.40) or eight and one-half percent (8 1/2%) of the Gross Sales Price of such Coal, all f.o.b. the mine site Loading Point (and net of any royalty paid by Lessee to any governmental lessor).The lessor). The volumes used to calculate the Actual Production Royalty will be the actual tons paid for by Bona Fide Purchasers.