Rejection of Coal Sample Clauses

Rejection of Coal. Any Shipment of coal which does not conform to each Mine Mouth Rejection Specification as set forth in Section 6.2 shall be deemed to be Rejection Point Coal. Seller shall take all practical precautions to prevent delivering Rejection Point Coal to Keystone and shall not knowingly deliver Rejection Point Coal to Keystone unless Keystone consents thereto on terms mutually agreeable. Keystone may reject any Shipment of coal which is Rejection Point Coal by notice to Seller by telephone, confirmed in writing. Any such notice of rejection shall be given within 24 hours after receipt of the Independent Laboratory's Rail Sample analysis of the Shipment of coal in question pursuant to Section l0.3(a). In the event of a delay in the delivery of the Independent Laboratory's Rail Sample analysis of a Shipment, Seller may elect to proceed with the delivery of such Shipment on the basis of Seller's Rail Sample analysis pursuant to Section 10.3(a); provided that the Independent Laboratory's Rail Sample analysis of such Shipment shall be determinative of Keystone's right to reject such Shipment. Keystone is not obligated to unload a Shipment of coal until either (i) Keystone has received the Independent Laboratory's Rail Sample analysis and such analysis satisfies the Rejection Specifications set forth in Section 6.2, or (ii) Keystone has accepted such Shipment. Keystone may not reject any Shipment of coal after it has accepted or unloaded such Shipment. If a Shipment of Rejection Point Coal has reached the Point of Delivery and has not been accepted or unloaded by Keystone, then Seller shall cause such Shipment of Rejection Point Coal to be removed from the Point of Delivery within three days after notice of such rejection, and Seller shall be responsible for all costs of removal. If a Shipment of Rejection Point Coal is rejected by Keystone, then Seller shall use its reasonable best efforts to deliver a replacement Shipment of coal within seven days and be responsible for all costs of delivery.
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Rejection of Coal. Subject to Section 7.2 if the Loading Point Certificate for any Consignment shows that one or more of the Rejection Parameters of such Consignment does not fall within the Acceptable Range of the Coal Specifications the Buyer shall notwithstanding anything to the contrary in this Agreement, be entitled to reject such Consignment of Non-
Sample 1

Related to Rejection of Coal

  • Notification of Changes Subscriber agrees and covenants to notify the Company immediately upon the occurrence of any event prior to the consummation of this Offering that would cause any representation, warranty, covenant or other statement contained in this Agreement to be false or incorrect or of any change in any statement made herein occurring prior to the consummation of this Offering.

  • Notification of Change The Union shall be notified in advance when possible of any extended change in the present working schedule; however, the provisions of this Contract shall not be considered as a guarantee by the Company of a minimum number of hours per day or per week or pay in lieu thereof, nor a limitation on the maximum hours per day or per week which may be required to meet operating conditions.

  • Dissolution of Company (a) The Company shall be dissolved, wound up and terminated as provided herein upon the first to occur of the following:

  • Merger or Consolidation of, or Assumption of the Obligations ------------------------------------------------------------ of, Seller. Any Person (a) into which the Seller may be merged or consolidated, ---------- (b) which may result from any merger or consolidation to which the Seller shall be a party or (c) which may succeed to the properties and assets of the Seller substantially as a whole, which Person in any of the foregoing cases executes an agreement of assumption to perform every obligation of the Seller under this Agreement, shall be the successor to the Seller hereunder without the execution or filing of any document or any further act by any of the parties to this Agreement; provided, however, that (i) the Seller shall have received the written consent of the Insurer prior to entering into any such transaction, (ii) immediately after giving effect to such transaction, no representation or warranty made pursuant to Section 3.1 shall have been breached and no Servicer Termination Event, and no event which, after notice or lapse of time, or both, would become a Servicer Termination Event shall have happened and be continuing, (iii) the Seller shall have delivered to the Owner Trustee, the Trust Collateral Agent, the Trustee and the Insurer an Officers' Certificate and an Opinion of Counsel each stating that such consolidation, merger or succession and such agreement of assumption comply with this Section and that all conditions precedent, if any, provided for in this Agreement relating to such transaction have been complied with, (iv) the Rating Agency Condition shall have been satisfied with respect to such transaction and (v) the Seller shall have delivered to the Owner Trustee, the Trust Collateral Agent, the Backup Servicer, the Collateral Agent, the Trustee and the Insurer an Opinion of Counsel stating that, in the opinion of such counsel, either (A) all financing statements and continuation statements and amendments thereto have been executed and filed that are necessary fully to preserve and protect the interest of the Trust Collateral Agent, the Owner Trustee and the Trustee, respectively, in the Receivables and reciting the details of such filings or (B) no such action shall be necessary to preserve and protect such interest. Notwithstanding anything herein to the contrary, the execution of the foregoing agreement of assumption and compliance with clauses (i), (ii), (iii), (iv) and (v) above shall be conditions to the consummation of the transactions referred to in clauses (a), (b) or (c) above.

  • Construction of Contract Both parties have participated fully in the review and revision of this contract. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this contract.

  • EXECUTION OF CONTRACT 20.1 Depending on the type of service provided, one of the following methods will be employed. The method applicable to this contract will be checked below:

  • FORMATION OF CONTRACT This proposed purchase contract, which incorporates by reference these General Provisions and all other terms and conditions set forth in this proposed purchase contract (collectively, the “Contract”), is Buyer's offer to purchase the services and/or materials (collectively, the “Services”) described in this offer. Acceptance is strictly limited to the terms and conditions included in this offer. Unless specifically agreed to in writing by Xxxxx's Authorized Procurement Representative, Xxxxx objects to, and is not bound by, any term or condition that differs from or adds to this offer. Seller's commencement of performance or acceptance of this offer in any manner shall conclusively evidence acceptance of this offer as written. Seller’s provision of the Services shall be governed solely by this Contract. Xxxxx and Seller are referred to herein as a “Party” or collectively as the “Parties.” Except as authorized herein, no amendment or modification of this Contract shall bind either Party unless it is in writing and is signed by the authorized representatives of the Parties.

  • Application of clause (1) Clause 11 applies if the Buyer, Seller and each Financial Institution involved in the transaction agree to an Electronic Settlement using the same ELNO System and overrides any other provision of this contract to the extent of any inconsistency.

  • Liquidation of Company The Company shall give the Escrow Agent written notification of the liquidation and dissolution of the Company in the event that the Company fails to consummate a Business Combination within the time period(s) specified in the Prospectus.

  • Notification of Claims In order that the indemnification provisions contained in this Section shall apply, upon the assertion of a claim for which either party may be required to indemnify the other, the party seeking indemnification shall promptly notify the other party of such assertion, and shall keep the other party advised with respect to all developments concerning such claim. The party who may be required to indemnify shall have the option to participate with the party seeking indemnification in the defense of such claim or to defend against said claim in its own name or in the name of the other party. The party seeking indemnification shall in no case confess any claim or make any compromise in any case in which the other party may be required to indemnify it except with the other party’s prior written consent.

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