Description of Transportation System. Northern agrees to transport from the Mine to the Sugar Factory the estimated annual requirements under the Coal Supply Agreement in approximately equal weekly and monthly amounts. The coal is to be delivered to Shipper FOB Point of Delivery. Northern may transport Shipper's coal in unit trains which contain coal being shipped for American Crystal Sugar, a Minnesota cooperative ("ACS"). The Coal Supply Agreement anticipates that deliveries in the first months of a Campaign Season will be larger to allow Shipper sufficient time to build stockpiles at each Sugar Factory. Northern will design the system to allow Shipper substantial flexibility to increase or decrease the amount of coal delivered to the Sugar Factory by each unit train (when broken into segments), subject to the tonnage minimum stated in Section 2.09 of this Agreement. However, Shipper may not stop a unit train from cycling except in the event of a force majeure as provided in Section 5 of this Agreement, since such interruptions greatly increase the difficulty of transportation management. Northern reserves the right to tender trains of not more than xx cars in total or xxx,xxx tons of coal in total per calendar month consisting of the total cars to Shipper and/or American Crystal Sugar Company ("ACS") for the destination Sugar Factory and ACS's Sugar Factories so that following telephonic notice to Shipper of such limitation, Northern shall not be required to tender trains totaling xx cars or xxx,xxx tons per calendar month under this Agreement to ACS and Shipper, until such time as Northern gives telephonic notice to Shipper that the limitation no longer applies. In unit trains with combined deliveries to ACS and Shipper, there will be a stop at Fargo, North Dakota, for removal of cars to be delivered to Moorhead and Wahpeton, North Dakota. At origin, Northern may place all cars for delivery via Fargo, North Dakota, at the head of the train. A detailed description of the transportation system, as set forth in Northern's agreement with the Burlington Northern Railroad (the "Carrier"), is set forth in Exhibit A. 2.02 Responsibilities Concerning Delivery. Northern shall deliver coal to the Sugar Factory. Northern will deliver coal in railcars directly to sidings on Shipper's property at the Sugar Factory. Northern will, on Shipper's behalf, fully pursue all claims against third parties for loss of the coal in any given railcar from the time that the railcar is completely loaded at the Spring C...
Description of Transportation System. Northern agrees to transport from the Spring Creek Mine to the Sugar Factories the estimated annual requirements under the Coal Supply Agreement in approximately equal weekly and monthly amounts. The coal is to be delivered to
