Common use of Barge Delivery Point Clause in Contracts

Barge Delivery Point. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx dock at Mile Point 76.6 on the Green River (the “Barge Delivery Point”). Provided, however, if the Buyer or Buyer’s barging contractor (“Contractor) is not permitted or able to take possession and control of the barge at such dock (for example, if the dock is part of a closed harbor), then the coal is not considered delivered hereunder unless and until Buyer or Contractor actually takes possession and control of such barge. In such case, the point where Buyer or Contractor actually takes possession and control of the barge shall be considered the Barge XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Delivery Point hereunder. Seller may deliver the coal at a mutually-agreeable location different from the Barge Delivery Point. In such a case, however, Seller, upon submittal by Buyer of appropriate documentation acceptable to Seller, whose acceptance shall not be unreasonably withheld, shall reimburse Buyer for any resulting increases in the cost of transporting the coal to the destination designated by Buyer. Any resulting savings in such transportation costs shall be retained by Buyer.

Barge Delivery Point. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx dock River View Mine Dock at Mile Point 76.6 Xxxx Xxxxx 000 on the Green Ohio River (the “Barge Delivery Point”). Provided, however, if the Buyer or Buyer’s barging barge transportation contractor (“Contractor”) is not permitted or able to take possession and control of the barge at such dock (for example, if the dock is part of a closed harbor), then the coal is not considered delivered hereunder unless and until Buyer or Contractor actually takes possession and control of such barge. In such case, the point where Buyer or Contractor actually takes possession and control of the barge shall be considered the Barge XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Delivery Point hereunder. Seller may deliver the coal at a mutually-mutually agreeable location different from the Barge Delivery Point. In such a case, however, Seller, upon submittal by Buyer of appropriate documentation acceptable to Seller, whose acceptance shall not be unreasonably withheld, shall reimburse Buyer for any resulting increases in the cost of transporting the coal to the destination designated by Buyer. Any resulting savings in such transportation costs shall be retained by Buyer.

Barge Delivery Point. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx dock at Mile Point 76.6 on the Green River (the “Barge Delivery Point”). Provided, however, if the Buyer or Buyer’s barging contractor (“Contractor) is not permitted or able to take possession and control of the barge at such dock (for example, if the dock is part of a closed harbor), then the coal is not considered delivered hereunder unless and until Buyer or Contractor actually takes possession and control of such barge. In such case, the point where Buyer or Contractor actually takes possession and control of the barge shall be considered the Barge XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Delivery Point hereunder. Seller may deliver the coal at a mutually-agreeable location different from the Barge Delivery Point. In such a case, however, Seller, upon submittal by Buyer of appropriate documentation acceptable to Seller, whose acceptance shall not be unreasonably withheld, shall reimburse Buyer for any resulting increases in the cost of transporting the coal to the destination designated by Buyer. Any resulting savings in such transportation costs shall be retained by Buyer.. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J14004

Barge Delivery Point. The Upon thirty (30) days advance written notice Buyer may request to receive coal shall be delivered F.O.B. barge. Upon receipt of Buyer’s request to Buyer receive coal F.O.B. barge, Seller will use commercially reasonable efforts to load and deliver coal hereunder F.O.B. barge at the Xxxxxxxxx dock following facility: the Xxxxxxx County Terminal at Mile Point 76.6 Xxxx Xxxxx 000.0 on the Green River (Ohio River, known as the “Barge Delivery Point”). To the extent that Seller fails to provide barge coal and such failure is not excused under Force Majeure or other provisions of this Agreement, such tons shall be considered Make-Up Tons subject to Buyer’s rights and options under §3.2. Provided, however, if the Buyer or Buyer’s barging contractor (“Contractor”) is not permitted or able to take possession and control of the barge at such dock (for example, if the dock is part of a closed harbor), then the coal is not considered delivered hereunder unless and until Buyer or Contractor actually takes possession and control of such barge. In such case, the point where Buyer or Contractor actually takes possession and control of the barge shall be considered the Barge XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Delivery Point hereunder. Seller may deliver the coal at a mutually-agreeable location different from the Barge Delivery Point. In such a case, however, Seller, upon submittal by Buyer of appropriate documentation acceptable to Seller, whose acceptance shall not be unreasonably withheld, Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to the destination designated by Buyer. Any resulting savings in such transportation costs shall be retained by Buyer.

Barge Delivery Point. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx dock River View Mine Dock at Mile Point 76.6 843 on the Green Ohio River (the “Barge Delivery Point”). Provided, however, if the Buyer or BuyerXxxxx’s barging barge transportation contractor (“Contractor”) is not permitted or able to take possession and control of the barge at such dock (for example, if the dock is part of a closed harbor), then the coal is not considered delivered hereunder unless and until Buyer or Contractor actually takes possession and control of such barge. In such case, the point where Buyer or Contractor actually takes possession and control of the barge shall be considered the Barge XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Delivery Point hereunder. Seller may deliver the coal at a mutually-mutually agreeable location different from the Barge Delivery Point. In such a case, however, Seller, upon submittal by Buyer of appropriate documentation acceptable to Seller, whose acceptance shall not be unreasonably withheld, shall reimburse Buyer for any resulting increases in the cost of transporting the coal to the destination designated by Buyer. Any resulting savings in such transportation costs shall be retained by Buyer.

Barge Delivery Point. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx dock at Mile Point 76.6 Xxxxxx Xxxxx Xxxxxxxx xx Xxxx Xxxxx 000.0 on the Green Ohio River (the “Barge Delivery Point”). Provided, however, if the Buyer or Buyer’s barging barge transportation contractor (“Contractor”) is not permitted or able to take possession and control of the barge at such dock (for example, if the dock is part of a closed harbor), then the coal is not considered delivered hereunder unless and until Buyer or Contractor actually takes possession and control of such barge. In such case, the point where Buyer or Contractor actually takes possession and control of the barge shall be considered the Barge XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Delivery Point hereunder. Seller may deliver the coal at a mutually-agreeable location different from the Barge Delivery Point. In such a case, however, Seller, upon submittal by Buyer of appropriate documentation acceptable to Seller, whose acceptance shall not be unreasonably withheld, shall reimburse Buyer for any resulting increases in the cost of transporting the coal to the destination designated by Buyer. Any resulting savings in such transportation costs shall be retained by Buyer.