Common use of Audit and Inspection Rights Clause in Contracts

Audit and Inspection Rights. The following shall apply solely with respect to Quality A coal: Whenever the End Customer Contract grants End Customer the right to conduct an audit or inspection of, or access to coal production facilities, processes, books, records, or otherwise, End Customer will be entitled, as applicable, to enforce or exercise such audit, inspection and/or access rights against Patriot. If COALSALES has the right under the End Customer Contract to conduct any inspections of End Customer’s books, records, or premises, such right does not directly pass through to Patriot under this Agreement; however, Patriot may request such inspection rights from COALSALES, and COALSALES shall contact End Customer and use commercially reasonable efforts to obtain End Customer’s consent to such request. In the event End Customer refuses Patriot’s request to inspect, COALSALES shall be obligated to promptly conduct the inspection on Patriot’s behalf and at Patriot’s sole expense, and shall report the results of such inspection to Patriot promptly upon completion. Notwithstanding the foregoing, this Section 2.2 does not eliminate or modify COALSALES’ audit, inspection or access rights under the Incorporated End Customer Contract with respect to Patriot or Patriot’s facilities, processes, books or records.

Audit and Inspection Rights. The following shall apply solely with respect to Quality A coal: Whenever the End Customer Contract Contract(s) grants End Customer Customer(s) the right to conduct an audit or inspection of, or access to coal production facilities, processes, books, records, or otherwise, End Customer Customer(s) will be entitled, as applicable, to enforce or exercise such audit, inspection and/or access rights against Patriot. If COALSALES II has the right under the an End Customer Contract to conduct any inspections of an End Customer’s books, records, or premises, such right does not directly pass through to Patriot under this Agreement; however, Patriot may request such inspection rights from COALSALESCOALSALES II, and COALSALES II shall contact that End Customer and use commercially reasonable efforts to obtain that End Customer’s consent to such request. In the event End Customer refuses Patriot’s request to inspect, COALSALES II shall be obligated to promptly conduct the inspection on Patriot’s behalf and at Patriot’s sole expense, and shall report the results of such inspection to Patriot promptly upon completion, provided, that disclosure of such results does not violate the terms of confidentiality under the End Customer Contract(s). Notwithstanding the foregoing, this Section 2.2 3.3 does not eliminate or modify COALSALES’ COALSALES II’s audit, inspection or access rights under the Incorporated End Customer Contract Exhibit A Terms with respect to Patriot or Patriot’s facilities, processes, books or records.

Audit and Inspection Rights. The following shall apply solely with respect to Quality A coal: Whenever the End Customer Contract grants End Customer the right to conduct an audit or inspection of, or access to coal production facilities, processes, books, records, or otherwise, End Customer will be entitled, as applicable, to enforce or exercise such audit, inspection and/or access rights against Patriot. If COALSALES II has the right under the End Customer Contract to conduct any inspections of End Customer’s books, records, or premises, such right does not directly pass through to Patriot under this Agreement; however, Patriot may request such inspection rights from COALSALESCOALSALES II, and COALSALES II shall contact End Customer and use commercially reasonable efforts to obtain End Customer’s consent to such request. In the event End Customer refuses Patriot’s request to inspect, COALSALES II shall be obligated to promptly conduct the inspection on Patriot’s behalf and at Patriot’s sole expense, and shall report the results of such inspection to Patriot promptly upon completion, provided, that disclosure of such results does not violate any terms of confidentiality under the End Customer Contract. Notwithstanding the foregoing, this Section 2.2 2.5 does not eliminate or modify COALSALES’ COALSALES II’s audit, inspection or access rights under the Incorporated End Customer Contract with respect to Patriot or Patriot’s facilities, processes, books or records.

Audit and Inspection Rights. The following shall apply solely with respect to Quality A coal: Whenever the End Customer Contract grants End Customer the right to conduct an audit or inspection of, or access to coal production facilities, processes, books, records, or otherwise, End Customer will be entitled, as applicable, to enforce or exercise such audit, inspection and/or access rights against Patriot. If COALSALES II has the right under the End Customer Contract to conduct any inspections of End Customer’s books, records, or premises, such right does not directly pass through to Patriot under this Agreement; however, Patriot may request such inspection rights from COALSALESCOALSALES II, and COALSALES II shall contact End Customer and use commercially reasonable efforts to obtain End Customer’s consent to such request. In the event End Customer refuses Patriot’s request to inspect, COALSALES II shall be obligated to promptly conduct the inspection on Patriot’s behalf and at Patriot’s sole expense, and shall report the results of such inspection to Patriot promptly upon completion, provided, that disclosure of such results does not violate the terms of confidentiality under Article XXI of the End Customer Contract. Notwithstanding the foregoing, this Section 2.2 3.3 does not eliminate or modify COALSALES’ COALSALES II’s audit, inspection or access rights under the Incorporated End Customer Contract Exhibit A Terms with respect to Patriot or Patriot’s facilities, processes, books or records.

Audit and Inspection Rights. The following shall apply solely with respect to Quality A coal: Whenever the End Customer Contract grants End Customer the right to conduct an audit or inspection of, or access to coal production facilities, processes, books, records, or otherwise, End Customer will be entitled, as applicable, to enforce or exercise such audit, inspection and/or access rights against Patriot. If COALSALES COALTRADE has the right under the End Customer Contract to conduct any inspections of End Customer’s books, records, or premises, such right does not directly pass through to Patriot under this Agreement; however, Patriot may request such inspection rights from COALSALESCOALTRADE, and COALSALES COALTRADE shall contact End Customer and use commercially reasonable efforts to obtain End Customer’s consent to such request. In the event End Customer refuses Patriot’s request to inspect, COALSALES COALTRADE shall be obligated to promptly conduct the inspection on Patriot’s behalf and at Patriot’s sole expense, and shall report the results of such inspection to Patriot promptly upon completion, provided, that disclosure of such results does not violate any terms of confidentiality under the End Customer Contract. Notwithstanding the foregoing, this Section 2.2 2.5 does not eliminate or modify COALSALES’ COALTRADE’s audit, inspection or access rights under the Incorporated End Customer Contract with respect to Patriot or Patriot’s facilities, processes, books or records.

Audit and Inspection Rights. The following shall apply solely with respect to Quality A coal: Whenever the End Customer Contract grants End Customer the right to conduct an audit or inspection of, or access to coal production facilities, processes, books, records, or otherwise, End Customer will be entitled, as applicable, to enforce or exercise such audit, inspection and/or access rights against Patriot. If COALSALES has the right under the End Customer Contract to conduct any inspections of End Customer’s books, records, or premises, such right does not directly pass through to Patriot under this Agreement; however, Patriot may request such inspection rights from COALSALES, and COALSALES shall contact End Customer and use commercially reasonable efforts to obtain End Customer’s consent to such request. In the event End Customer refuses Patriot’s request to inspect, COALSALES shall be obligated to promptly conduct the inspection on Patriot’s behalf and at Patriot’s sole expense, and shall report the results of such inspection to Patriot promptly upon completion, provided, that disclosure of such results does not violate any terms of confidentiality under the End Customer Contract. Notwithstanding the foregoing, this Section 2.2 2.5 does not eliminate or modify COALSALES’ ’s audit, inspection or access rights under the Incorporated End Customer Contract with respect to Patriot or Patriot’s facilities, processes, books or records.