Common use of Substitute Coal Clause in Contracts

Substitute Coal. Notwithstanding the above representations and warranties, in the event that Seller is unable to produce or obtain coal from the Coal Property in the quantity and of the quality required by this Agreement, and such inability is not caused by a force majeure event as defined in Section 10, then Buyer will have the option of requiring that Seller supply coal from Seller's other facilities and mines or Seller shall also have the right to supply coal from sources not owned or controlled by Seller after having received Buyer's prior written consent (which shall not be unreasonably withheld). Such substitute coal shall be provided under all the terms and conditions of this Agreement including, but not limited to, the price provisions of Section8, the quality specifications of Section 6.1, and the provisions of Section 5 concerning reimbursement to Buyer for ARCH COAL SALES CO., INC. KU Contract # KUF02849 increased transportation costs. Seller's delivery of coal not produced from the Coal Property without having received the express written consent of Buyer shall constitute a material breach of this Agreement.

Substitute Coal. Notwithstanding the above representations and warranties, in the event that Seller is unable to produce or obtain coal from the Coal Property in the quantity and of the quality required by this Agreement, and such inability is not caused by a force majeure event as defined in Section 10, then Buyer will have the option of requiring that Seller supply coal from Seller's other facilities and mines or Seller shall also have the right to supply substitute coal from sources not owned or controlled by Seller after having received Buyer's prior written consent (which shall not be unreasonably withheld). Such substitute coal shall be provided under all the terms and conditions of this Agreement including, but not limited to, the price provisions of Section8Section 8, the quality specifications of Section 6.1, and the provisions of Section 5 concerning reimbursement to Buyer for ARCH COAL SALES CO., INC. KU Contract # KUF02849 KUF02848 PRB for increased transportation costs. Seller's delivery of coal not produced from the Coal Property without having received the express written consent of Buyer shall constitute a material breach of this Agreement.