Replacement Coal Sample Clauses
Replacement Coal. Buyer reserves the right to purchase replacement coal from other sources in the quantity that Seller claims as excused due to Force Majeure. Seller reserves the right to sell Coal to other purchasers in the quantity that ▇▇▇▇▇ claims as excused due to Force Majeure. Buyer also reserves the right to purchase replacement coal from other sources in the quantity that ▇▇▇▇▇ claims as excused for Force Majeure due to Buyer’s Transporter’s failure to perform. Buyer shall request that Seller agree to make-up such excused Coal within the Buyer’s time frame requirements before Buyer may seek to purchase such replacement coal.
Replacement Coal. Keystone may purchase replacement coal in reasonable purchase quantities to cover suspended or rejected Shipments under the following circumstances, and in each case, Seller shall reimburse Keystone for the excess of the costs reasonably incurred by Keystone in connection with the purchase of replacement coal over the costs that otherwise would have been incurred in connection with the purchase of coal under the terms of this Agreement: (a) Seller fails to replace a Shipment of coal which has been rejected by Keystone pursuant to Section 6.3 because it is Rejection Point Coal, (b) Keystone has suspended further shipments by Seller pursuant to Section 6.4 or 6.6(a), or (c) Seller fails to deliver any Shipment of coal for reasons other than Force Majeure within three days of the delivery date specified for such Shipment pursuant to Section 4.3, provided that if Seller * CONFIDENTIAL MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. BRACKETS AND UNDERSCORES DENOTE SUCH OMISSIONS. notifies Keystone of its intent to provide a replacement shipment of coal pursuant to Section 6.3, such failure period shall be 7 days.
Replacement Coal. 27 6.6 Coal Handling or Operating Problems................................................... 28 6.7 Adjustment of Price for New Specifications............................................ 30 6.8
Replacement Coal. In the event that PURCHASER terminates this Agreement under Section 7.4(a), 7.4(c), 7.5(a), or 10.1, then PURCHASER may buy replacement coal and hold SELLER liable for the cost of replacement coal under the following circumstances and conditions:
(a) PURCHASER shall first determine the remaining quantity of coal to be supplied under this Agreement (calculated according to the quantities set forth in Section 6.1, as reduced where appropriate under Section 6.3) as of the effective date of termination ("Remaining Quantity") and shall give SELLER written notice of the Remaining Quantity. PURCHASER may then buy, from time to time, replacement coal (of similar, but not exactly the same, quality) from one or more third parties in an amount up to (but not exceeding) the amount of the Remaining Quantity and arrange to have such replacement coal supplied at such times as PURCHASER deems appropriate prior to December 31, 2006.
(b) SELLER shall be liable to PURCHASER for the difference between (i) the actual delivered cost incurred by PURCHASER (including, without limitation, the costs of transportation, SO2 emission allowances. NOx emission allowances, and taxes) to obtain such replacement coal and (ii) the delivered cost of SELLER's coal (including, without limitation, the costs of transportation, SO2 emission allowances, NOx emission allowances, and taxes) as of the effective date of termination. SELLER shall also be liable to PURCHASER for charges and costs related to such termination as provided in Section 7.6.
(c) After PURCHASER has determined the amounts for which SELLER is liable under Section 7.7(b), PURCHASER shall promptly prepare and submit to SELLER an invoice for such amounts. SELLER shall pay the amounts reflected in such invoice within fourteen days after SELLER has received such invoice. If SELLER fails to pay such amounts within such fourteen-day period, PURCHASER may immediately set off such amounts against, and deduct such amounts from, one or more payments due from PURCHASER to SELLER or SALES AGENT under this Agreement. PURCHASER may retain all sums deducted from such payments pursuant to this Section 7.7(c) as satisfaction of the amounts owed by SELLER to PURCHASER under Section 7.7(b) and may recover any remaining amounts from SELLER as provided by law.
(d) The provisions of Section 7.7 shall survive the termination or expiration of this Agreement.
Replacement Coal. Keystone may purchase replacement coal in reasonable purchase quantities to cover suspended or rejected Shipments under the following circumstances, and in each case, Seller shall reimburse Keystone for the excess of the costs reasonably incurred by Keystone in connection with the purchase of replacement coal over the costs that otherwise would have been incurred in connection with the purchase of coal under the terms of this Agreement: (a) Seller fails to replace a Shipment of coal which has been rejected by Keystone pursuant to Section 6.3 because it is Rejection Point Coal, (b) Keystone has suspended further shipments by Seller pursuant to Section 6.4 or 6.6(a), or (c) Seller fails to deliver any Shipment of coal for reasons other than Force Majeure within three days of the delivery date specified for such Shipment pursuant to Section 4.3, provided that if Seller notifies Keystone of its intent to provide a replacement shipment of coal pursuant to Section 6.3, such failure period shall be 7 days.
Replacement Coal. 24 Section 8: Weighing and Sampling.............................................24 8.1