Common use of Substitute Performance Clause in Contracts

Substitute Performance. Notwithstanding anything contained herein to the contrary, in the event that (i) Buyer directs Seller to suspend shipments pursuant to Section 2.05, or (ii) Buyer rejects any shipment pursuant to Section 2.05 or 2.07, then Buyer shall have the right to purchase replacement coal ("Replacement Coal") from alternative sources if the Seller does not provide to Buyer Replacement Coal having the characteristics provided in Section 2.01 within a time period which is reasonably acceptable to Buyer based on Buyer's then current coal requirements. In the event Buyer purchases Replacement Coal pursuant to this Section 2.08 (whether from Seller or a third party), then Seller shall reimburse Buyer for the difference between the cost of the delivered Replacement Coal (including transportation costs) and the payments that Buyer would otherwise have made to Seller and the transportation carrier for the deliveries of such coal hereunder, and Seller shall make such payment within thirty (30) days of receipt from Buyer of an invoice specifying such excess costs.