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.
Appears in 3 contracts
Sources: Coal Supply Agreement (International Coal Group, Inc.), Coal Supply Agreement (International Coal Group, Inc.), Coal Supply Agreement (International Coal Group, Inc.)