Common use of Suspension; Termination Clause in Contracts

Suspension; Termination. If due to a Force Majeure Event, a Party is unable to deliver or accept any coal hereunder, such Force Majeure Event continues for a continuous period of ninety (90) days or longer, and such event or events cannot be reasonably eliminated or are not likely to terminate within a reasonable period of time, the other Party shall, at any time after such ninety (90) day period and while such Force Majeure Event suspension continues, have the right, at its option, to terminate this Agreement by giving thirty (30) days written notice of termination to the Party claiming the Force Majeure Event. Other than outstanding payments due hereunder, no damages or compensation shall be paid by either Party because of such termination and such termination shall not be subject to the provisions of Article 12. [**] REPRESENTS CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELTY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT Exhibit 10.4

Suspension; Termination. If due to a Force Majeure Event, a Party is unable to deliver or accept any coal hereunder, such Force Majeure Event continues for a continuous period of ninety (90) days or longer, and such event or events cannot be reasonably eliminated or are not likely to terminate within a reasonable period of time, the other Party shall, at any time after such ninety (90) day period and while such Force Majeure Event suspension continues, have the right, at its option, to terminate this Agreement by giving thirty (30) days written notice of termination to the Party claiming the Force Majeure Event. Other than outstanding payments due hereunder, no damages or compensation shall be paid by either Party because of such termination and such termination shall not be subject to the provisions of Article 12. [**] REPRESENTS CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELTY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT Exhibit 10.410.3

Suspension; Termination. If due to a Force Majeure Event, a Party is unable to deliver or accept any coal hereunder, such Force Majeure Event continues for a continuous period of ninety (90) days or longer, and such event or events cannot be reasonably eliminated or are not likely to terminate within a reasonable period of time, the other Party shall, at any time after such ninety (90) day period and while such Force Majeure Event suspension continues, have the right, at its option, to terminate this Agreement by giving thirty (30) days written notice of termination to the Party claiming the Force Majeure Event. Other than outstanding payments due hereunder, no damages or compensation shall be paid by either Party because of such termination and such termination shall not be subject to the provisions of Article 12. [**] REPRESENTS CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELTY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT Exhibit 10.410.2