Substitute Purchases Sample Clauses

Substitute Purchases. If Seller fails to deliver coal because of an Excuse event, Buyer shall have the right to buy coal from other sellers that Seller would otherwise have the obligation to deliver in the amount that Seller fails to deliver. To assure a reliable source of supply, Buyer may enter into a coal supply agreement to purchase an amount of committed coal for a term not to exceed the expected duration of the Excuse event, and Buyer shall be excused from accepting an equivalent amount of coal under this Agreement until the terms of any other coal supply agreement are satisfied; provided, however, that the amount of any committed coal purchased by Buyer shall be consistent with Buyer's historical take and historical stockpile(s) during the period(s) of the year that the Excuse event is expected to last. Nothing in this Section 8.03(a) shall limit Seller's option to provide Buyer with substitute coal as provided in Section 2.02.