Common use of Rail Delivery Clause in Contracts

Rail Delivery. For rail deliveries of coal, Seller shall deliver the coal to Buyer F.O.B. railcar at the rail loading facility at Midway Unit Train Facility rail loadout the (“Rail Delivery Point”), near McHenry, Kentucky on the Paducah and Louisville Railroad. Seller may deliver the coal at a location different from the Rail Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s generating stations. Any resulting savings in such transportation costs shall be retained XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 by Buyer. The Base Price outlined in §8.1.a within shall be applicable to all coal loaded at the aforementioned Rail Delivery Point. Title to and risk of loss of coal sold will pass to Buyer and the coal will be considered to be delivered when it is loaded into railcars at the Rail Delivery Point. Buyer or its contractor shall furnish suitable railcars in accordance with a delivery schedule provided by Buyer to Seller. Seller shall be responsible for and pay the cost of repairs for any damages caused by Seller to railcars owned or leased by Buyer while such railcars are in Seller’s control or custody. Seller shall comply with the applicable provisions of Buyer’s rail carrier’s contract or tariff.

Rail Delivery. For rail deliveries of coal, Seller shall deliver the coal to Buyer F.O.B. railcar at the rail loading facility at Midway Unit Train Facility rail loadout the (“Rail Delivery Point”), near McHenry, Kentucky on the Paducah and Louisville Railroad. Seller may deliver the coal at a location different from the Rail Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s generating stations. Any resulting savings in such transportation costs shall be retained XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 by Buyer. The Base Price outlined in §8.1.a within shall be applicable to all coal loaded at the aforementioned Rail Delivery Point. Title to and risk of loss of coal sold will pass to Buyer and the coal will be considered to be delivered when it is loaded into railcars at the Rail Delivery Point. Buyer or its contractor shall furnish suitable railcars in accordance with a delivery schedule provided by Buyer to Seller. Seller shall be responsible for and pay the cost of repairs for any damages caused by Seller to railcars owned or leased by Buyer while such railcars are in Seller’s control or custody. Seller shall comply with the applicable provisions of Buyer’s rail carrier’s contract or tariff.. XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000

Rail Delivery. For rail deliveries of coal, Seller shall deliver the coal to Buyer F.O.B. railcar at the rail loading facility at Midway Unit Train Facility rail loadout the (“Rail Delivery Point”), near McHenry, Kentucky on the Paducah and Louisville Railroad. Seller may deliver the coal at a location different from the Rail Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s generating stations. Any resulting savings in such transportation costs shall be retained XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 by Buyer. The Base Price outlined in §8.1.a within shall be applicable to all coal loaded at the aforementioned Rail Delivery Point. Title to and risk of loss of coal sold will pass to Buyer and the coal will be considered to be delivered when it is loaded into railcars at the Rail Delivery Point. Buyer or its contractor shall furnish suitable railcars in accordance with a delivery schedule provided by Buyer to Seller. Seller shall be responsible for and pay the cost of repairs for any damages caused by Seller to railcars owned or leased by Buyer while such railcars are in Seller’s control or custody. Seller shall comply with the applicable provisions of Buyer’s rail carrier’s contract or tariff.

Rail Delivery. For rail deliveries of coal, Seller The coal shall deliver the coal be delivered to Buyer F.O.B. railcar at the rail loading facility located at Midway Unit Train Facility rail loadout Black Thunder Mine near Xxxxxx, Wyoming (the (“Rail "Delivery Point”"), near McHenry, Kentucky on the Paducah and Louisville Railroad. Seller may deliver the coal at a location different from the Rail Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s 's generating stations. Any Buyer shall retain any resulting savings in such transportation costs shall be retained XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 by Buyer. The Base Price outlined in §8.1.a within shall be applicable to all coal loaded at the aforementioned Rail Delivery Pointcosts. Title to and risk of loss of coal sold will pass to Buyer and the coal will be considered to be delivered when it as the coal is progressively loaded into railcars at the Rail Delivery Point. Buyer or its contractor shall furnish suitable railcars in accordance with a delivery schedule provided by Buyer to Seller. Seller shall be responsible for and pay the cost of repairs for any damages caused by Seller to railcars owned or leased by Buyer while such railcars are in Seller’s control or custody. Seller shall comply with the applicable provisions of Buyer’s 's rail carrier’s contract contractor's tariff provided that such provisions shall first be provided by Buyer for review by Seller. Buyer shall arrange and pay for all costs of transporting the coal from the Delivery Point to Buyer's generating station. For delays caused by Seller in handling the scheduling of shipments with Buyer's rail contractor, Seller shall be responsible for any demurrage, penalties, damages or tariffcharges assessed by said rail contractor (or assessed by Buyer) which accrue at the Delivery Point, including the demurrage, penalties for loading less than the minimum of 15,000 tons per ARCH COAL SALES CO., INC. KU Contract # KUF02848 PRB train shipment, or other penalties, damages or charges assessed for railcars not loaded in conformity with applicable requirements.

Rail Delivery. For rail deliveries of coal, Seller shall deliver the coal to Buyer F.O.B. railcar at the rail loading facility at Midway Unit Train Facility rail loadout the (“Rail Delivery Point”), near McHenry, Kentucky on the Paducah and Louisville Railroad. Seller may deliver the coal at a location different from the Rail Delivery Point, provided, however, that Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to Buyer’s generating stations. Any resulting savings in such transportation costs shall be retained XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 by Buyer. The Base Price outlined in §8.1.a within shall be applicable to all coal loaded at the aforementioned Rail Delivery Point. Title to and risk of loss of coal sold will pass to Buyer and the coal will be considered to be delivered when it is loaded into railcars at the Rail Delivery Point. Buyer or its contractor shall furnish suitable railcars in accordance with a delivery schedule provided by Buyer to Seller. Seller shall be responsible for and pay the cost of repairs for any damages caused by Seller to railcars owned or leased by Buyer while such railcars are in Seller’s control or custody. Seller shall comply with the applicable provisions of Buyer’s rail carrier’s contract or tariff.. §5.2.1