Transportation Penalties. 9.1. Seller shall be liable for all imbalance or other penalties, cash-outs, or other costs imposed on Buyer or Seller by any third party, including without limitation Seller's upstream or other transporters and Transporters, to the extent that such penalties, cash-outs or other costs are caused by Seller's actions or inaction. Buyer shall be liable for all imbalance or other penalties, cash-outs, or other costs imposed on Buyer or Seller by any third parties, including without limitation Seller's upstream or other transporters and Transporters, to the extent that such penalties, cash-outs or other costs are caused by Buyer's actions or inaction.
Transportation Penalties. Section 6.4 Seller‘s Transportation Arrangements
Transportation Penalties. It is understood that the Gas purchased and sold hereunder will be transported by third party Transporters, and each party has agreed to provide notice to the other party of quantities of Gas that Seller intends to deliver and Buyer intends to purchase and receive. If Seller delivers, or causes to be delivered for Buyer's account, at the Delivery Point a quantity of Gas that is greater or less than that nominated and scheduled for delivery to, and transportation by, a Transporter, and such variable deliveries causes Buyer, or Buyer's designee, to incur a penalty as levied by the Transporter, then Seller shall assign to Buyer the rights to proceeds from any indemnification or reimbursement rights in connection therewith that are provided to Seller <by such Producer> under the applicable Production Payment Documents and Seller shall cooperate with Buyer, at Seller's cost, to pursue such indemnification and reimbursement from the Producer. Buyer agrees to bear and pay all penalties which are assessed by any Transporter or any other transporting pipeline(s) against Buyer, Buyer's designee or Seller as a result of Buyer's failure to accept delivery of the quantity of the Gas which Buyer, in accordance with the nomination procedures in effect at the time, nominated and scheduled to receive at a Delivery Point. If any penalties described above are imposed upon either party thereto (the "Penalized Party"), the party responsible for such penalty under this Section 10.1 shall, within ten (10) Days following receipt of written notice by the Penalized Party, reimburse the Penalized Party the dollar amount of such penalties, or the portion thereof, as applicable. The parties agree to provide or support and document the responsibility of either party or support either party's claim for reimbursement of a penalty assessed by a transporting pipeline.
Transportation Penalties. The parties shall use commercially reasonable efforts to avoid imposition of any Imbalance Charges. If Buyer or Seller receives an invoice from a Transporter or local distribution company that includes Imbalance Charges, the parties shall determine the validity as well as the cause of such Imbalance Charges. If the Imbalance Charges were incurred as a result of Buyer's actions or inaction’s (which shall include, but shall not be limited to, Buyer's failure to accept quantities of Gas equal to the Scheduled Gas), then Buyer shall pay for such Imbalance Charges, or reimburse Seller for such Imbalance Charges paid by Seller to the Transporter. If the Imbalance Charges were incurred as a result of Seller's actions or inaction’s (which shall include, but shall not be limited to, Seller's failure to deliver quantities of Gas equal to the Scheduled Gas), then Seller shall pay for such Imbalance Charges, or reimburse Buyer for such Imbalance Charges paid by Buyer to the Transporter.
Transportation Penalties. If a Party is charged for any demurrage costs attributable to the other Party’s failure to timely and appropriately load or unload the Coal in accordance with the terms of this Agreement or the timing and tonnage requirements of the applicable Transportation Specification, and, if such failure is not due to Force Majeure or failure of the charged Party’s transportation carrier, such other Party shall promptly reimburse the charged Party for such actual charges, if such charges are usual and customary, after written notice thereof; provided, however, Seller shall not be responsible for any dead freight charges if Seller loads railroad cars to ninety-five (95%) percent of rated capacity when using non-batch weighing loading system or to ninety-eight (98%) percent of rated capacity when using batch weighing loading systems. Notwithstanding anything to the contrary herein, Seller shall reimburse Buyer for any other damages or penalties incurred during the loadout of the Coal caused by Seller’s actions or inaction. Upon request by either Buyer or Seller, such Transportation Specifications shall be made available for review by the requesting Party, provided that the disclosing Party shall not be required to disclose pricing information. The requesting Party shall sign an appropriate confidentiality agreement if requested by the disclosing Party. Seller shall be liable for any damage incurred form overloading or improperly loading railcars.
