Substitute Sales Clause Samples

Substitute Sales. If ▇▇▇▇▇ fails to accept coal because of an Excuse event, Seller shall have the right to sell to other buyers coal in the amount that Buyer fails to accept. To assure a reliable market for the coal, Seller may enter into a coal supply agreement to sell the amount of committed coal for a term not to exceed the expected duration of the Excuse event, and Seller shall be excused from delivering an equivalent amount of coal under this Agreement until the terms of any other coal supply agreement are satisfied; provided, however, the amount of any committed coal sold by Seller 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.