Common use of Barge Delivery Clause in Contracts

Barge Delivery. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx Dock at mile point 76.6 on the Green River near Centertown, Kentucky (the “Barge Delivery Point”); provided however, if the Buyer or Buyer’s barging 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 the barge is placed into a position that Buyer or Buyer’s barging contractor can take possession and control of the barge and Buyer or Buyer’s barging contractor actually do take possession and control of such barge (in such case, the point where Buyer or Buyer’s barging contractor actually takes possession and control of the barge shall be considered the Barge Delivery Point hereunder). Seller may deliver the coal at a location different from the stated Barge Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s generating station(s). Any resulting savings in such transportation costs shall be retained by Buyer. Title to and risk of loss of coal sold will pass to Buyer and the coal will be considered to be delivered when barges containing the coal are disengaged by Buyer’s barging contractor from the loading dock (except in the case where Buyer or Buyer’s barging contractor cannot take possession and control of the barge at the dock, the coal will be considered to be delivered at the moment Buyer or Buyer’s Contractor actually takes possession and control of the barge). Buyer or its contractor shall furnish suitable barges in accordance with a delivery schedule provided by Buyer to Seller. Seller shall load and trim the coal into barges to the proper draft and the proper XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 distribution within the barges. Seller shall arrange and pay for all costs of transporting the coal from the mines to the Barge Delivery Point (including, without limitation, all truck, rail, barge and transloading costs, and all fleeting, switching, harbor and other port charges). Buyer shall arrange for transporting the coal by barge from the Barge Delivery Point to its generating station(s) and shall pay for the cost of such transportation. For delays caused by Seller in handling the scheduling of shipments with Buyer’s barging contractor, Seller shall be responsible for any demurrage or other penalties assessed by said barging contractor (or assessed by Buyer) which accrue at the Barge Delivery Point, including the demurrage, penalties for loading less than the specified minimum tonnage per barge, or other penalties assessed for barges not loaded in conformity with applicable requirements. Buyer shall be responsible to deliver barges in as clean and dry condition as practicable. Seller shall require of the loading dock operator that the barges and towboats provided by Buyer or Buyer’s barging contractor be provided convenient and safe berth free of wharfage, dockage, fleeting, switching, and other harbor and port charges; that while the barges are in the care and custody of the loading dock, all U.S. Coast Guard regulations and other applicable laws, ordinances, rulings, and regulations shall be complied with, including adequate mooring and display of warning lights; that any water in the cargo boxes of the barges be pumped out by the loading dock operator prior to loading; that the loading operations be performed in a workmanlike manner and in accordance with the reasonable loading requirements of Buyer and Buyer’s barging contractor; and that the loading dock operator carry landing owners or wharfinger’s insurance with basic coverage of not less than $300,000.00 and total of basic coverage and excess liability coverage of not less than $1,000,000.00, and provide evidence thereof to Buyer in the form of a certificate of insurance from the insurance carrier or an acceptable certificate of self-insurance with requirement for thirty (30) days advance notification of Buyer in the event of termination of or material reduction in coverage under the insurance. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009

Barge Delivery. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx Smallhous Dock at mile point 76.6 on the Green River near Centertown, Kentucky (the “Barge Delivery Point”); provided however, if the Buyer or Buyer’s barging 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 the barge is placed into a position that Buyer or Buyer’s barging contractor can take possession and control of the barge and Buyer or Buyer’s barging contractor actually do take possession and control of such barge (in such case, the point where Buyer or Buyer’s barging contractor actually takes possession and control of the barge shall be considered the Barge Delivery Point hereunder). Seller may deliver the coal at a a. location different from the stated Barge Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s generating station(s). Any resulting savings in such transportation costs shall be retained by Buyer. XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 Title to and risk of loss of coal sold will pass to Buyer and the coal will be considered to be delivered when barges containing the coal are disengaged by Buyer’s barging contractor from the loading dock (except in the case where Buyer or Buyer’s barging contractor cannot take possession and control of the barge at the dock, the coal will be considered to be delivered at the moment Buyer or Buyer’s Contractor actually takes possession and control of the barge). Buyer or its contractor shall furnish suitable barges in accordance with a delivery schedule provided by Buyer to Seller. Seller shall load and trim the coal into barges to the proper draft and the proper XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 distribution within the barges. Seller shall arrange and pay for all costs of transporting the coal from the mines to the Barge Delivery Point (including, without limitation, all truck, rail, barge and transloading costs, and all fleeting, switching, harbor and other port charges). Buyer shall arrange for transporting the coal by barge from the Barge Delivery Point to its generating station(s) and shall pay for the cost of such transportation. For delays caused by Seller in handling the scheduling of shipments with Buyer’s barging contractor, Seller shall be responsible for any demurrage or other penalties assessed by said barging contractor (or assessed by Buyer) which accrue at the Barge Delivery Point, including the demurrage, penalties for loading less than the specified minimum tonnage per barge, or other penalties assessed for barges not loaded XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J07032 in conformity with applicable requirements. Buyer shall be responsible to deliver barges in as clean and dry condition as practicable. Seller shall require of the loading dock operator that the barges and towboats provided by Buyer or Buyer’s barging contractor be provided convenient and safe berth free of wharfage, dockage, fleeting, switching, and other harbor and port charges; that while the barges are in the care and custody of the loading dock, all U.S. Coast Guard regulations and other applicable laws, ordinances, rulings, and regulations shall be complied with, including adequate mooring and display of warning lights; that any water in the cargo boxes of the barges be pumped out by the loading dock operator prior to loading; that the loading operations be performed in a workmanlike manner and in accordance with the reasonable loading requirements of Buyer and Buyer’s barging contractor; and that the loading dock operator carry landing owners or wharfinger’s insurance with basic coverage of not less than $300,000.00 and total of basic coverage and excess liability coverage of not less than $1,000,000.00, and provide evidence thereof to Buyer in the form of a certificate of insurance from the insurance carrier or an acceptable certificate of self-insurance with requirement for thirty (30) days advance notification of Buyer in the event of termination of or material reduction in coverage under the insurance. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Barge Delivery. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx following points (each a “Delivery Point”): for Elk Run, Progress, Black Castle and Bandmill Mines, the KRT-Ceredo Dock at mile point 76.6 314.5 on the Green River near Centertown, Kentucky (the “Barge Delivery Point”); provided however, if the Buyer or Buyer’s barging 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 the barge is placed into a position that Buyer or Buyer’s barging contractor can take possession and control of the barge and Buyer or Buyer’s barging contractor actually do take possession and control of such barge (in such case, the point where Buyer or Buyer’s barging contractor actually takes possession and control of the barge shall be considered the Barge Delivery Point hereunder)Ohio River. Seller may deliver the coal at a location different from the stated Barge Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s generating station(s)stations. Any Buyer shall retain any resulting savings in such transportation costs shall be retained by Buyercosts. Title to and risk of loss of coal sold will pass to Buyer and the coal will be considered to be delivered when barges containing the coal are disengaged by Buyer’s barging contractor from the loading dock (except in the case where Buyer or Buyer’s barging contractor cannot take possession and control of the barge at the dock, the coal will be considered to be delivered at the moment Buyer or Buyer’s Contractor actually takes possession and control of the barge). Buyer or its contractor shall furnish suitable barges in load ready condition in accordance with a delivery schedule provided by Buyer to Seller. Seller shall load and trim the coal into barges to the proper draft and the proper XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 distribution within the barges. Seller shall arrange and pay for all costs of transporting the coal from the mines to the Barge Delivery Point (including, without limitation, all truck, rail, barge loading docks and transloading costs, loading and all fleeting, switching, harbor trimming the coal into barges to the proper draft and other port charges)the proper distribution within the barges. Buyer shall arrange and pay for all costs of transporting the coal by barge from the Barge Delivery Point to its generating station(s) and shall pay for the cost of such transportation). For delays caused by Seller in handling the scheduling of shipments with Buyer’s barging contractor, Seller shall be responsible for any demurrage or other penalties assessed by said barging contractor (or assessed by Buyer) to Buyer which accrue at the Barge Delivery Point, including the demurrage, penalties for loading less than the specified minimum tonnage of 1,500 tons per barge, or other penalties assessed for barges not loaded in conformity with applicable requirements. Buyer shall be responsible to deliver barges in as clean and dry condition as practicable. Seller or its affiliate shall require of the loading dock operator that the barges and towboats provided by Buyer or Buyer’s barging contractor be provided convenient and safe berth free of wharfage, dockage, fleeting, switching, switching and other harbor and port charges; that while the barges are in the care and custody of the loading dock, all U.S. Coast Guard regulations and other applicable laws, ordinances, rulings, and regulations shall be complied with, including adequate mooring and display of warning lights; that any water in the cargo boxes of the barges barges, be pumped out by the loading dock operator prior to loading; and that the loading operations be performed in a workmanlike manner and in accordance with the reasonable loading requirements of Buyer and Buyer’s barging contractor; and . Seller will use commercially reasonable efforts to provide to Buyer evidence that the its loading dock operator carry carries adequate landing owners owner’s or wharfinger’s insurance with basic coverage of not less than $300,000.00 300,000, and total of basic coverage and excess liability coverage of not less than $1,000,000.001,000,000, and provide such evidence thereof to Buyer be in the form of a certificate of insurance from the insurance carrier or an acceptable certificate of self-insurance with requirement for thirty (30) 30 days advance notification of Buyer in the event of termination of or material reduction in coverage under the insurance. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Barge Delivery. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx Dock at mile point 76.6 on the Green River near Centertown, Kentucky following points (the “Barge Delivery Point”); provided however, if Xxxxx Dock (Patriot coal) at Mile Point 31.5 on the Buyer Green River, Camp Breckinridge (Camp Mine Complex coal) at Xxxx Xxxxx 000.0 on the Ohio River, or the Gibraltar Dock (Gibraltar Mine coal) at Mile Point 85.9 on the Green River. With Buyer’s barging 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)consent, then the coal is not considered delivered hereunder unless and until the barge is placed into a position that Buyer or Buyer’s barging contractor can take possession and control of the barge and Buyer or Buyer’s barging contractor actually do take possession and control of such barge (in such case, the point where Buyer or Buyer’s barging contractor actually takes possession and control of the barge shall be considered the Barge Delivery Point hereunder). Seller may deliver the coal at a location different from the stated Barge Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s generating station(s)stations. Any resulting savings in such transportation costs shall be retained by Buyer. Title to and risk of loss of coal sold will pass to Buyer and the coal will be considered to be delivered when barges containing the coal are disengaged by Buyer’s barging contractor from the loading dock (except in the case where Buyer or Buyer’s barging contractor cannot take possession and control of the barge at the dock, the coal will be considered to be delivered at the moment Buyer or Buyer’s Contractor actually takes possession and control of the barge). Buyer or its contractor shall furnish suitable barges barges, clean and ready for loading in accordance with a delivery schedule provided by Buyer to Seller. , and in sufficient number and in a timely manner in order for Seller shall load and trim the coal into barges to the proper draft and the proper XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 distribution within the bargesmeet any previously agreed upon delivery schedule as provided for in §3.2. Seller shall arrange and pay for all costs of transporting the coal from the mines to the Barge Delivery Point (including, without limitation, all truck, rail, barge loading docks and transloading costs, loading and all fleeting, switching, harbor trimming the coal into barges to the proper draft and other port charges)the proper distribution within the barges. Buyer shall arrange for transporting the coal by barge from the Barge Delivery Point loading dock to its generating station(s) and shall pay for the cost of such transportation. For delays caused by Seller in handling the scheduling of shipments with Buyer’s barging contractor, Seller shall be responsible for any demurrage or other penalties assessed by said barging contractor (or assessed by Buyer) which accrue at the Barge Delivery Point, including the demurrage, penalties for loading less than the specified minimum tonnage per barge, or other penalties assessed for barges not loaded in conformity with applicable requirements. Buyer shall be responsible to deliver barges in as clean and dry condition as practicable. Seller shall require of the loading dock operator that the barges and towboats provided by Buyer or Buyer’s barging contractor be provided convenient and safe berth free of wharfage, dockage, fleeting, switching, and other harbor and port charges; that while the barges are in the care and custody of the loading dock, all applicable U.S. Coast Guard regulations and other applicable laws, ordinances, rulings, and regulations shall be complied with, including adequate mooring and display of warning lights; that any water in the cargo boxes of the barges be pumped out by the loading dock operator prior to loading; that the loading operations be performed in a workmanlike manner and in accordance with the reasonable loading requirements of Buyer and Buyer’s barging contractor; and that the loading dock operator carry landing owners or wharfinger’s insurance with basic coverage of not less than $300,000.00 and total of basic coverage and excess liability coverage of not less than $1,000,000.00, and provide evidence thereof to Buyer in the form of a certificate of insurance from the insurance carrier or an acceptable certificate of self-insurance with requirement for thirty (30) days advance notification of Buyer in the event of termination of or material reduction in coverage under the insurance. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Barge Delivery. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx Dock at mile point 76.6 on the Green River near Centertown, Kentucky (the “Barge Delivery Point”); provided however, if the Buyer or Buyer’s barging 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 the barge is placed into a position that Buyer or Buyer’s barging contractor can take possession and control of the barge and Buyer or Buyer’s barging contractor actually do take possession and control of such barge (in such case, the point where Buyer or Buyer’s barging contractor actually takes possession and control of the barge shall be considered the Barge Delivery Point hereunder). Seller may deliver the coal at a location different from the stated Barge Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s generating station(s). Any resulting savings in such transportation costs shall be retained by Buyer. Title to and risk of loss of coal sold will pass to Buyer and the coal will be considered to be delivered when barges containing the coal are disengaged by Buyer’s barging contractor from the loading dock (except in the case where Buyer or Buyer’s barging contractor cannot take possession and control of the barge at the dock, the coal will be considered to be delivered at the moment Buyer or Buyer’s Contractor actually takes possession and control of the barge). Buyer or its contractor shall furnish suitable barges in accordance with a delivery schedule provided by Buyer to Seller. Seller shall load and trim the coal into barges to the proper draft and the proper XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 distribution within the barges. Seller shall arrange and pay for all costs of transporting the coal from the mines to the Barge Delivery Point (including, without limitation, all truck, rail, barge and transloading costs, and all fleeting, switching, harbor and other port charges). Buyer shall arrange for transporting the coal by barge from the Barge Delivery Point to its generating station(s) and shall pay for the cost of such transportation. For delays caused by Seller in handling the scheduling of shipments with Buyer’s barging contractor, Seller shall be responsible for any demurrage or other penalties assessed by said barging contractor (or assessed by Buyer) which accrue at the Barge Delivery Point, including the demurrage, penalties for loading less than the specified minimum tonnage per barge, or other penalties assessed for barges not loaded in conformity with applicable requirements. Buyer shall be responsible to deliver barges in as clean and dry condition as practicable. Seller shall require of the loading dock operator that the barges and towboats provided by Buyer or Buyer’s barging contractor be provided convenient and safe berth free of wharfage, dockage, fleeting, switching, and other harbor and port charges; that while the barges are in the care and custody of the loading dock, all U.S. Coast Guard regulations and other applicable laws, ordinances, rulings, and regulations shall be complied with, including adequate mooring and display of warning lights; that any water in the cargo boxes of the barges be pumped out by the loading dock operator prior to loading; that the loading operations be performed in a workmanlike manner and in accordance with the reasonable loading requirements of Buyer and Buyer’s barging contractor; and that the loading dock operator carry landing owners or wharfinger’s insurance with basic coverage of not less than $300,000.00 and total of basic coverage and excess liability coverage of not less than $1,000,000.00, and provide evidence 13 XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 thereof to Buyer in the form of a certificate of insurance from the insurance carrier or an acceptable certificate of self-insurance with requirement for thirty (30) days advance notification of Buyer in the event of termination of or material reduction in coverage under the insurance. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Barge Delivery. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx Smallhous Dock at mile point 76.6 on the Green River near Centertown, Kentucky (the “Barge Delivery Point”); provided however, if the Buyer or Buyer’s barging 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 the barge is placed into a position that Buyer or Buyer’s barging contractor can take possession and control of the barge and Buyer or Buyer’s barging contractor actually do take possession and control of such barge (in such case, the point where Buyer or Buyer’s barging contractor actually takes XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 possession and control of the barge shall be considered the Barge Delivery Point hereunder). Seller may deliver the coal at a a. location different from the stated Barge Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s generating station(s). Any resulting savings in such transportation costs shall be retained by Buyer. Title to and risk of loss of coal sold will pass to Buyer and the coal will be considered to be delivered when barges containing the coal are disengaged by Buyer’s barging contractor from the loading dock (except in the case where Buyer or Buyer’s barging contractor cannot take possession and control of the barge at the dock, the coal will be considered to be delivered at the moment Buyer or Buyer’s Contractor actually takes possession and control of the barge). Buyer or its contractor shall furnish suitable barges in accordance with a delivery schedule provided by Buyer to Seller. Seller shall load and trim the coal into barges to the proper draft and the proper XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 distribution within the barges. Seller shall arrange and pay for all costs of transporting the coal from the mines to the Barge Delivery Point (including, without limitation, all truck, rail, barge and transloading costs, and all fleeting, switching, harbor and other port charges). Buyer shall arrange for transporting the coal by barge from the Barge Delivery Point to its generating station(s) and shall pay for the cost of such transportation. For delays caused by Seller in handling the scheduling of shipments with Buyer’s barging contractor, Seller shall be responsible for any demurrage or other penalties assessed by said barging contractor (or assessed by Buyer) which accrue at the Barge Delivery Point, including the demurrage, penalties for loading less than the specified minimum tonnage per barge, or other penalties assessed for barges not loaded 11 XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J07032 in conformity with applicable requirements. Buyer shall be responsible to deliver barges in as clean and dry condition as practicable. Seller shall require of the loading dock operator that the barges and towboats provided by Buyer or Buyer’s barging contractor be provided convenient and safe berth free of wharfage, dockage, fleeting, switching, and other harbor and port charges; that while the barges are in the care and custody of the loading dock, all U.S. Coast Guard regulations and other applicable laws, ordinances, rulings, and regulations shall be complied with, including adequate mooring and display of warning lights; that any water in the cargo boxes of the barges be pumped out by the loading dock operator prior to loading; that the loading operations be performed in a workmanlike manner and in accordance with the reasonable loading requirements of Buyer and Buyer’s barging contractor; and that the loading dock operator carry landing owners or wharfinger’s insurance with basic coverage of not less than $300,000.00 and total of basic coverage and excess liability coverage of not less than $1,000,000.00, and provide evidence thereof to Buyer in the form of a certificate of insurance from the insurance carrier or an acceptable certificate of self-insurance with requirement for thirty (30) days advance notification of Buyer in the event of termination of or material reduction in coverage under the insurance. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Barge Delivery. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx Xxxxx Dock at mile point 76.6 31.5 on the Green River near Centertown, Kentucky (the “Barge "Delivery Point”); provided however, if the Buyer or Buyer’s barging 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 the barge is placed into a position that Buyer or Buyer’s barging contractor can take possession and control of the barge and Buyer or Buyer’s barging contractor actually do take possession and control of such barge (in such case, the point where Buyer or Buyer’s barging contractor actually takes possession and control of the barge shall be considered the Barge Delivery Point hereunder"). Seller may deliver the coal at a location different from the stated Barge Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s 's generating station(s)stations. Any resulting savings in such transportation costs shall be retained by Buyer. Title to and risk of loss of coal sold will pass to Buyer and the coal will be considered to be delivered when barges containing the coal are disengaged by Buyer’s 's barging contractor from the loading dock (except in the case where Buyer or Buyer’s barging contractor cannot take possession and control of the barge at the dock, the coal will be considered to be delivered at the moment Buyer or Buyer’s Contractor actually takes possession and control of the barge). Buyer or its contractor shall furnish suitable barges in accordance with a Contract #LGE 99-002 delivery schedule provided by Buyer to Seller. Seller shall load and trim the coal into barges to the proper draft and the proper XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 distribution within the barges. Seller shall arrange and pay for all costs of transporting the coal from the mines to the Barge Delivery Point (including, without limitation, all truck, rail, barge loading docks and transloading costs, loading and all fleeting, switching, harbor trimming the coal into barges to the proper draft and other port charges)the proper distribution within the barges. Buyer shall arrange for transporting the coal by barge from the Barge Delivery Point loading dock to its generating station(s) and shall pay for the cost of such transportation. For delays caused by Seller in handling the scheduling of shipments with Buyer’s 's barging contractor, Seller shall be responsible for any demurrage or other penalties assessed by said barging contractor (or assessed by Buyer) which accrue at the Barge Delivery Point, including the demurrage, penalties for loading less than the specified minimum tonnage per barge, or other penalties assessed for barges not loaded in conformity with applicable requirements. Buyer shall be responsible to deliver barges in as clean and dry condition as practicable. Seller shall require of the loading dock operator that the barges and towboats provided by Buyer or Buyer’s 's barging contractor be provided convenient and safe berth free of wharfage, dockage, fleeting, switching, and other harbor dockage and port charges; that while the barges are in the care and custody of the loading dock, all U.S. Coast Guard regulations and other applicable laws, ordinances, rulings, and regulations shall be complied with, including adequate mooring and display of warning lights; that any water in the cargo boxes of the barges be pumped out by the loading dock operator prior to loading; that the loading operations be performed in a workmanlike manner and in accordance with the reasonable loading requirements of Buyer and Buyer’s 's barging contractor; and that the loading dock operator carry landing owners or wharfinger’s 's insurance with basic coverage of not less than $300,000.00 and total of basic coverage and excess liability coverage of not less than $1,000,000.00, and provide evidence thereof to Buyer in the form of a certificate of insurance from the insurance carrier or an acceptable certificate of self-insurance with Contract #LGE 99-002 requirement for thirty (30) 30 days advance notification of Buyer in the event of termination of or material reduction in coverage under the insurance. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Barge Delivery. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx Xxxx Xxxxxxx, Xxxx Xxxxx 000.0 on the Ohio River, or at Seller’s option as a substitute, the Gibraltar Dock at mile point 76.6 Mile Point 85.9 on the Green River near Centertown, Kentucky (either the “Barge Delivery Point”); provided however, if the Buyer or Buyer’s barging 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 the barge is placed into a position that Buyer or Buyer’s barging contractor can take possession and control of the barge and Buyer or Buyer’s barging contractor actually do take possession and control of such barge (in such case, the point where Buyer or Buyer’s barging contractor actually takes possession and control of the barge shall be considered the Barge Delivery Point hereunder). Seller may deliver the coal at a location different from the stated Barge Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s generating station(s)stations. Any resulting savings in such transportation costs shall be retained by Buyer. Title to and risk of loss of coal sold will pass to Buyer and the coal will be considered to be delivered when barges containing the coal are disengaged by Buyer’s barging contractor from the loading dock (except in the case where Buyer or Buyer’s barging contractor cannot take possession and control of the barge at the dock, the coal will be considered to be delivered at the moment Buyer or Buyer’s Contractor actually takes possession and control of the barge). Buyer or its contractor shall furnish suitable barges barges, clean and ready for loading, in accordance with a delivery schedule provided by Buyer to Seller. , and in sufficient number and in a timely manner in order for Seller shall load and trim the coal into barges to the proper draft and the proper XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 distribution within the bargesmeet any previously agreed upon delivery schedule as provided for in § 3.2. Seller shall arrange and pay for all costs of transporting the coal from the mines to the Barge Delivery Point (including, without limitation, all truck, rail, barge loading docks and transloading costsloading the coal into barges. Buyer’s barging contractor shall be responsible for trimming the coal into barges to the proper draft and the proper distribution within the barges, and all fleeting, switching, harbor the release and other port charges)movement of the barges during loading. Buyer shall arrange for transporting the coal by barge from the Barge Delivery Point loading dock to its generating station(s) and shall pay for the cost of such transportation. For delays caused by Seller in handling the scheduling of shipments with Buyer’s barging contractor, Seller shall be responsible for any demurrage or other penalties assessed by said barging contractor (or assessed by Buyer) which accrue at the Barge Delivery Point, for Seller’s failure to provide coal for the barges in a timely manner and in the specified minimum tonnage, including the demurrage, penalties for loading less than the specified minimum tonnage per barge, or other penalties assessed for barges not loaded in conformity with applicable requirementspenalties. Buyer shall be responsible to deliver barges in as clean and dry condition as practicable. Seller shall require of the loading dock operator that the barges and towboats provided by Buyer or Buyer’s barging contractor be provided convenient and safe berth free of wharfage, dockage, fleeting, switching, and other harbor dockage and port charges; that while the barges are in the care and custody of the loading dock, all applicable U.S. Coast Guard regulations and other applicable laws, ordinances, rulings, and regulations shall be complied with, including adequate mooring and display of warning lights; that any water in the cargo boxes of the barges be pumped out by the loading dock operator prior to loading; that the loading operations be performed in a workmanlike manner and in accordance with the reasonable loading requirements of Buyer and Buyer’s barging contractor; and that the loading dock operator carry landing owners or wharfinger’s insurance with basic coverage of not less than $300,000.00 and total of basic coverage and excess liability coverage of not less than $1,000,000.00, and provide evidence thereof to Buyer in the form of a certificate of insurance from the insurance carrier or an acceptable certificate of self-insurance with requirement for thirty (30) days advance notification of Buyer in the event of termination of or material reduction in coverage under the insurance. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Barge Delivery. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx Dock at mile point 76.6 on the Green River near Centertown, Kentucky (the “Barge Delivery Point”); provided however, if the Buyer or Buyer’s barging 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 If the coal is not considered delivered hereunder unless and until the barge is placed into a position that Buyer or Buyer’s barging contractor can take possession and control of the barge and Buyer or Buyer’s barging contractor actually do take possession and control of such barge (in such caseF.O.B. barge, the point where Buyer or Buyer’s barging contractor actually takes possession and control of the barge shall be considered the Barge Delivery Point hereunder). Seller may deliver the coal at a location different from the stated Barge Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s generating station(s). Any resulting savings in such transportation costs shall be retained by Buyer. Title then title to and risk of loss of coal sold will pass to Buyer and the coal will be considered to be delivered when barges containing the coal are disengaged by Buyer’s 's barging contractor from the loading dock (except in the case where Buyer or Buyer’s barging contractor cannot take possession and control of the barge at the dock, the coal will be considered to be delivered at the moment Buyer or Buyer’s Contractor actually takes possession and control of the barge). Buyer or its contractor shall furnish suitable barges in accordance with a delivery schedule provided by Buyer to Seller. Seller shall load and trim the coal into barges to the proper draft and the proper XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 distribution within the barges. Seller shall arrange and pay for all costs of transporting the coal from the mines to the Barge Delivery Point (including, without limitation, all truck, rail, barge loading docks and transloading costs, loading and all fleeting, switching, harbor trimming the coal into barges to the proper draft and other port charges)the proper distribution within the barges. Buyer shall arrange for transporting the coal by barge from the Barge Delivery Point loading dock to its generating station(s) and shall pay for the cost of such transportation. For delays caused by Seller in handling the scheduling of shipments with Buyer’s 's barging contractor, Seller shall be responsible for any demurrage or other penalties assessed by said barging contractor (or assessed by Buyer) which accrue at the Barge Delivery Point, including the demurrage, penalties for loading less than the specified minimum tonnage per barge, or other penalties assessed for barges not loaded in conformity with applicable requirements. Buyer shall be responsible to deliver barges in as clean and dry condition as practicable. Seller shall require of the loading dock operator that the barges and towboats provided by to Buyer or Buyer’s 's barging contractor be provided convenient and safe berth free of wharfage, dockage, fleeting, switching, and other harbor dockage and port charges; that while the barges are in the care and custody of the loading dock, all U.S. Coast Guard regulations and other applicable laws, ordinances, rulings, and regulations shall be complied with, including adequate mooring and display of warning lights; that any water in the cargo boxes of the barges be pumped out by the loading dock operator prior to loading; that the loading operations be performed in a workmanlike manner CONTRACT #00-000-000 and in accordance with the reasonable loading requirements of Buyer and Buyer’s 's barging contractor; and that the loading dock operator carry landing owners or wharfinger’s 's insurance with basic coverage of not less than $300,000.00 and total of basic coverage and excess liability coverage of not less than $1,000,000.00, and provide evidence thereof to Buyer in the form of a certificate of insurance from the insurance carrier or an acceptable certificate of self-insurance with requirement for thirty (30) 30 days advance notification of Buyer in the event of termination of or material reduction in coverage under the insurance. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.