Common use of Communications For Scheduling, Transportation, and Related Activities Clause in Contracts

Communications For Scheduling, Transportation, and Related Activities. Patriot will have the primary responsibility for the coordination of all deliveries under each End Customer Contract. Patriot shall promptly notify COALSALES II of all substantive communications exchanged between Patriot and End Customer in relation to the End Customer Contract. Under no circumstances shall COALSALES II be liable to Patriot for damages of any kind arising out of or relating to End Customer’s failure to meet any of its obligations relating to the scheduling and transportation of coal; provided, that if Patriot has any claims or defenses arising under COALSALES II’s rights in connection with a failure of the End Customer to satisfy its performance obligations under the End Customer Contract, COALSALES II shall, subject to Section 1.7 hereof, use commercially reasonable efforts to pursue all such rights and defenses on Patriot’s behalf or for the benefit of Patriot. In accordance with Section 2.11 hereof, Patriot shall be liable to COALSALES II for damages incurred by COALSALES II arising from non-performance by Patriot of any of its obligations hereunder.

Communications For Scheduling, Transportation, and Related Activities. Patriot will have the primary responsibility for the coordination of all deliveries under each End Customer Contract. Patriot shall promptly notify COALSALES II of all substantive communications exchanged between Patriot and End Customer in relation to the End Customer Contract. Under no circumstances shall COALSALES II be liable to Patriot for damages of any kind arising out of or relating to End Customer’s failure to meet any of its obligations relating to the scheduling and transportation of coal; provided, that if Patriot has any claims or defenses arising under COALSALES IICOALSALES’s rights in connection with a failure of the End Customer to satisfy its performance obligations under the End Customer Contract, COALSALES II shall, subject to Section 1.7 hereof, use commercially reasonable efforts to pursue all such rights and defenses on Patriot’s behalf or for the benefit of Patriot. In accordance with Section 2.11 hereof, Patriot shall be liable to COALSALES II for damages incurred by COALSALES II arising from non-performance by Patriot of any of its obligations hereunder.

Communications For Scheduling, Transportation, and Related Activities. Patriot will have the primary responsibility for the coordination of all deliveries under each End Customer Contract. Patriot shall promptly notify COALSALES II COALTRADE of all substantive communications exchanged between Patriot and End Customer in relation to the End Customer Contract. Under no circumstances shall COALSALES II COALTRADE be liable to Patriot for damages of any kind arising out of or relating to End Customer’s failure to meet any of its obligations relating to the scheduling and transportation of coal; provided, that if Patriot has any claims or defenses arising under COALSALES IICOALTRADE’s rights in connection with a failure of the End Customer to satisfy its performance obligations under the End Customer Contract, COALSALES II COALTRADE shall, subject to Section 1.7 hereof, use commercially reasonable efforts to pursue all such rights and defenses on Patriot’s behalf or for the benefit of Patriot. In accordance with Section 2.11 hereof, Patriot shall be liable to COALSALES II COALTRADE for damages incurred by COALSALES II COALTRADE arising from non-performance by Patriot of any of its obligations hereunder.