Non-Diversion of Coal Sample Clauses

Non-Diversion of Coal. Seller agrees and warrants that it will not, without Buyer's express prior written consent, use or sell coal from the Coal Property in a way that will reduce the economically recoverable balance of coal in the Coal Property to an amount less than that required to be supplied to Buyer hereunder.
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Non-Diversion of Coal. Xxxxxx agrees that it will not, without Xxxxx’s express prior written consent, use or sell coal from the Coal Properties in a way that will reduce the quantity of coal to less than the quantity required to be supplied hereunder to Buyer.
Sample 1
Non-Diversion of Coal. Seller agrees and warrants that it will not, without Buyer’s express prior written consent, use or sell coal from the Coal Property so as to reduce the economically recoverable balance of coal in the Coal Property to an amount less than that required to be supplied to Buyer hereunder. HARTSHORNE MINING GROUP, LLC LG&E/KU CONTRACT No. J18001 §4.4 Seller’s Preparation of Mining Plan. Seller shall prepare or have prepared a complete mining plan for the Coal Property with adequate supporting data to demonstrate the Seller’s capability to have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall, promptly when available provide information to Buyer regarding such mining plan which shall contain maps and a narrative describing areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, (ii) methods of mining such coal; (iii) methods of transporting and washing the coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s aggregate commitments to others to sell coal from the Coal Property during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31, 2017. HARTSHORNE MINING GROUP, LLC LG&E/KU XXXXXXXX Xx. X00000 Buyer’s receipt of the mining plan or other information or data furnished by Seller (the “Mining Information”) shall not in any manner relieve Seller of any of the Seller’s obligations or responsibilities under this Agreement; nor shall Buyer’s review of the Mining Information be construed as constituting an approval of Seller’s proposed mining plan for any purposes. Review by Buyer of Mining Information is solely for the purpose of allowing Buyer to evaluate Seller’s capability to supply coal as required by this Agreement, and the provision of Mining Information by Seller shall not provide Buyer with any right, or impose upon Buyer any duty or obligation, to exercise any dire...
Sample 1

Related to Non-Diversion of Coal

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