Common use of EFFECT HEREUNDER--GENERAL Clause in Contracts

EFFECT HEREUNDER--GENERAL. If because of a force majeure either party is unable to carry out any of its obligations under this Agreement (other than the obligation to pay money in connection with performance of the Agreement), and if such party shall promptly give to the other party written notice of such force majeure, then the obligations of the party giving such notice and the corresponding obligations of the other party shall be suspended to the extent made necessary by such force majeure and during its continuance; provided, however, that the party giving such notice shall act promptly in reasonable manner to eliminate such force majeure. Either party shall have the right to elect to suspend the production, delivery, receipt, acceptance and/or sale or purchase of coal, as the case may be, for the period of time during which such force majeure exists; and, in the event of a force majeure declared by Seller, KU, if it so elects, shall have the right during such period to purchase coal from other sources, and, in the event of a force majeure declared by KU, Seller, if it so elects, shall have the right during such period to sell coal to others. Any deficiencies in deliveries of coal hereunder caused by force majeures shall not be made up except by mutual consent; but if Seller for any reason other than a KU force majeure fails to deliver coal to KU pursuant to normal established shipment schedules but does not notify KU of the occurrence of a force majeure, KU shall have the right to require, but shall not be obligated to accept, make-up tonnages or deliveries of tonnages so lost, at the price in effect when lost.