Common use of Coal Handling or Operating Problems Clause in Contracts

Coal Handling or Operating Problems. (a) If Keystone experiences any coal handling or operating problem at the Facility which Keystone reasonably concludes is the result of Seller's delivering coal hereunder which has any of the following characteristics: (i) [_ _ _ _] or more of coal delivered has a top size greater than [_ _ _ _] inches, (ii) contains, on a semi-monthly average basis, in excess of [_ _ _ _] coal of less than [_ _ _ _], (iii) a minimum grindability (HGI) of [_ _ _ _], or (iv) a minimum ash fusion temperature of [_ _ _ _](Degree)F (I.D. - Reducing), then Keystone may notify Seller of the nature of such problem and the particular specification(s) which Keystone reasonably concludes to be causing such problem. Unless Seller has provided adequate assurances to Keystone within [_ _ _ _] days following receipt of such notice that future deliveries hereunder will conform to the specifications set forth in this Section 6.6(a), Keystone may, immediately upon a second notice to Seller, suspend further Shipments including those in transit until Seller can provide such adequate assurances. If Shipments are suspended, Seller shall advise Keystone weekly of progress made toward correcting the deficiency. If Seller has not provided such adequate assurances to Keystone within 60 days following receipt of such notice of suspension of Shipments, then Seller shall have committed an Event of Default as specified in Section 12.1(d).

Appears in 2 contracts

Samples: Supply Agreement (International Coal Group, Inc.), Supply Agreement (International Coal Group, Inc.)

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Coal Handling or Operating Problems. (a) If Keystone experiences any coal handling or operating problem at the Facility which Keystone reasonably concludes is the result of Seller's delivering coal hereunder which has any of the following characteristics: (i) [_ _ _ _] *](4)% or more of coal delivered has a top size greater than [_ _ _ _] *](4) inches, (ii) contains, on a semi-monthly average basis, in excess of [_ _ _ _] *](4)% coal of less than [_ _ _ _*](4), (iii) a minimum grindability (HGI) of [_ _ _ _*](4), or (iv) a minimum ash fusion temperature of [_ _ _ _*](Degree)F 4) (degrees) F (I.D. - Reducing), then Keystone may notify Seller of the nature of such problem and the particular specification(s) which Keystone reasonably concludes to be causing ---------------------- (4) Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission (the "Commission"). The omitted portions, marked by "[*]", have been filed separately with the Commission. such problem. Unless Seller has provided adequate assurances to Keystone within [_ _ _ _] 30 days following receipt of such notice that future deliveries hereunder will conform to the specifications set forth in this Section 6.6(a), Keystone may, immediately upon a second notice to Seller, suspend further Shipments including those in transit until Seller can provide such adequate assurances. If Shipments are suspended, Seller shall advise Keystone weekly of progress made toward correcting the deficiency. If Seller has not provided such adequate assurances to Keystone within 60 days following receipt of such notice of suspension of Shipments, then Seller shall have committed an Event of Default as specified in Section 12.1(d).

Appears in 1 contract

Samples: Supply Agreement (Simba Group Inc)

Coal Handling or Operating Problems. (a) If Keystone ICL experiences any coal handling or operating problem at the Facility which Keystone ICL reasonably concludes is the direct result of Seller's delivering coal hereunder which has any of the following characteristics: characteristics (and which is not the direct result of design deficiencies of the Facility): (i) [_ _ _ _] or more contains, on a monthly average basis, in excess of 10% coal delivered has with a top size of greater than [_ _ _ _] two inches, ; (ii) contains, on a semi-monthly average basis, in excess of [_ _ _ _] 50% coal of less than [_ _ _ _]1/4 inch size, (iii) a minimum monthly average grindability (HGI) of [_ _ _ _]less than 40, or (iv) a minimum monthly average ash fusion temperature of [_ _ _ _](Degree)F (I.D. - Reducing)) of less than 2,600 degrees F., then Keystone ICL may notify Seller of the nature of such problem and the particular specification(s) which Keystone reasonably ICL concludes to be causing such problem, together with such additional information reasonably available to ICL which Seller may request. Unless Seller has provided adequate assurances Adequate Assurances to Keystone ICL within [_ _ _ _] 30 days following receipt of such notice that future deliveries hereunder will conform to the specifications set forth in this Section 6.6(a6.5(a), Keystone ICL may, immediately upon by a second notice to Seller, suspend further Shipments including those in transit until Seller can provide such adequate assurances. If Shipments are suspended, Seller shall advise Keystone weekly of progress made toward correcting the deficiencyAdequate Assurances. If Seller has not provided such adequate assurances Adequate Assurances to Keystone ICL within 60 30 days following receipt of such notice of suspension of Shipments, then Seller shall have committed an Event of a Default as specified in Section 12.1(d)14.1.

Appears in 1 contract

Samples: Purchase Agreement (Industrial Fuels Minerals Co)

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Coal Handling or Operating Problems. (a) If Keystone experiences any coal handling or operating problem at the Facility which Keystone reasonably concludes is the result of Seller's delivering coal hereunder which has any of the following characteristics: (i) [_ _ _ _] or more of coal delivered has a top size greater than [_ _ _ _] inches, (ii) contains, on a semi-monthly average basis, in excess of [_ _ _ _] coal of less than [_ _ _ _], (iii) a minimum grindability (HGI) of [_ _ _ _], or (iv) a minimum ash fusion temperature of [_ _ _ _](Degree)F (I.D. - Reducing), then Keystone may notify Seller of the nature of such problem and the particular specification(s) which Keystone reasonably concludes to be causing such problem. Unless Seller has provided adequate assurances to Keystone within [_ _ _ _] 30 days following receipt of such notice that future deliveries hereunder will conform to the specifications set forth in this Section 6.6(a), Keystone may, immediately upon a second notice to Seller, suspend further Shipments including those in transit until Seller can provide such adequate assurances. If Shipments are suspended, Seller shall advise Keystone weekly of progress made toward correcting the deficiency. If Seller has not provided such adequate assurances to Keystone within 60 days following receipt of such notice of suspension of Shipments, then Seller shall have committed an Event of Default as specified in Section 12.1(d).

Appears in 1 contract

Samples: Supply Agreement (International Coal Group, Inc.)

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