Common use of Railroad Clause in Contracts

Railroad. Except as otherwise expressly provided herein, Seller shall deliver coal sold and purchased hereunder in accordance with the contract between Buyer and railroad (said price redacted contract to be provided to Seller) and the applicable railroad tariff provisions. Buyer shall be responsible for providing any applicable amendments or revisions to said railroad tariff provisions to Sales Agent and/or Seller. Buyer shall cooperate with Seller in the scheduling of work at Seller's Operations and shall be responsible for arranging and coordinating with the railroad (also referred to herein as "carrier") the arrival of rail cars for loading. Buyer shall pay carrier for all rail transportation charges for coal purchased from Seller under this Agreement, except as provided for in the remainder of this Section 7 and Article III Section 3. SELLER SHALL INSPECT ALL COAL CARS FOR THE PRESENCE OF FOREIGN MATERIAL PRIOR TO LOADING AND SHALL ONLY LOAD CLEAN COAL CARS. Seller will pay all additional freight charges, required by Buyer's rail transportation agreements or the applicable railroad tariffs, on coal delivered hereunder that are a result of Seller's failure to deliver the quantity of coal as scheduled by Buyer, in accordance with this Agreement unless the tonnage deficiency is excused by other provisions of this Agreement. Buyer shall be responsible for payment of any and all increased freight charges which result solely from or on account of the coal being shipped to more than one destination. Seller shall pay all additional freight charges, required by the applicable railroad tariffs or Buyer's rail transportation agreements on coal delivered hereunder that are a result of Seller's failure to notify the railroad, in writing, in accordance with the applicable railroad tariffs or Buyer's rail transportation agreement, of Seller's inability to make shipment as scheduled. Seller shall pay all detention and switching charges at Seller's Operations resulting from Seller's failure to load and ship the coal in accordance with the applicable railroad tariffs or Buyer's rail transportation agreement. Seller shall load coal so as to permit loading of 12,000-ton trains within a 6-hour period. Seller shall pay all charges resulting from overloading or underloading cars in accordance with the applicable tariffs or Buyer's rail transportation agreement.

Railroad. Except as otherwise expressly provided herein, Seller ASSIGNEE shall deliver coal sold and purchased hereunder in accordance with the contract between Buyer BUYER and railroad (said price redacted contract to be provided to Seller) and the applicable railroad tariff provisionsprovisions all as specified in Exhibit 2 - RAILROAD PROVISIONS, attached hereto and made a part hereof. Buyer BUYER shall be responsible for providing any applicable amendments or revisions to said railroad tariff provisions to Sales Agent and/or SellerASSIGNEE. Buyer BUYER shall cooperate with Seller ASSIGNEE in the its scheduling of work at Seller's Operations and its Operations, shall be responsible for arranging and coordinating with the railroad (also referred to herein as "carrier") the arrival of rail cars for loading. Buyer BUYER shall pay carrier for all rail transportation charges for coal purchased from Seller ASSIGNEE under this AgreementAGREEMENT, except as provided for in the remainder of this Section 7 and Article III Section 37. SELLER SHALL INSPECT ALL COAL CARS FOR THE PRESENCE OF FOREIGN MATERIAL PRIOR TO LOADING AND SHALL ONLY LOAD CLEAN COAL CARS. Seller ASSIGNEE will pay all additional freight charges, required by BuyerBUYER's rail transportation agreements or the applicable railroad tariffs, on coal delivered hereunder that are a result of SellerASSIGNEE's failure to deliver the quantity of coal as scheduled by BuyerBUYER, in accordance with this Agreement AGREEMENT unless the tonnage deficiency is excused by other provisions of this AgreementAGREEMENT. Buyer BUYER shall be responsible for payment of any and all increased freight charges which result solely from or on account of the coal being shipped to more than one destination. Seller ASSIGNEE shall pay all additional freight charges, required by the applicable railroad tariffs or BuyerBUYER's rail transportation agreements on coal delivered hereunder that are a result of SellerASSIGNEE's failure to notify the railroad, in writing, in accordance with the applicable railroad tariffs or BuyerBUYER's rail transportation agreement, of SellerASSIGNEE's inability to make shipment as scheduled. Seller ASSIGNEE shall pay all detention and switching charges at SellerASSIGNEE's Operations resulting from SellerASSIGNEE's failure to load and ship the coal in accordance with the applicable railroad tariffs or BuyerBUYER's rail transportation agreement. Seller ASSIGNEE shall load coal so as to permit loading of 12,00010,000-ton trains within a 624-hour period. Seller ASSIGNEE shall pay all charges resulting from overloading or underloading cars in accordance with the applicable tariffs or BuyerBUYER's rail transportation agreement.