Examples of Coal Consultant in a sentence
Coal Consultant and its Authorized Representative shall have no authority and shall not represent that they have the authority, to execute any agreements or other documents on behalf of Producer, or to assume, incur or undertake any obligation in the name of or for the account of Producer.
In conjunction with the execution of this Agreement and the other Project Documents, Producer shall furnish to Coal Consultant a guaranty of Producer’s performance obligations hereunder from Tinuum Group, LLC, a Colorado limited liability company, in the form attached as Schedule 14.18 to the Coal Feedstock Purchase Agreement.
Coal Consultant and its officers and employees, including its Authorized Representative, are not employees, agents, servants or representatives of Producer.
In the absence of any written Notice to the contrary given by Producer to Coal Consultant, (a) Coal Consultant shall be entitled to rely on any deliverable or communication given to it by Operator as if it were a deliverable or communication given by Producer, and (b) Producer shall be deemed to have received any deliverable or communication given by Coal Consultant to Operator; provided, however, that the foregoing shall not apply to Notices, which must be delivered as set forth in Section 12.5.
All notices, requests, demands, consents and waivers (collectively, “Notices”) hereunder shall be in writing and (a) delivered in person or by courier or (b) mailed certified first class mail, postage prepaid, return receipt requested, to the appropriate Party at the following addresses: If to Coal Consultant, to: Louisville Gas and Electric Company Kentucky Utilities Company 000 Xxxx Xxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Attn: Corporate Fuels and Byproducts Dept.
Coal Consultant will be the exclusive provider of such Services to Producer during the Term; provided, however, that Coal Consultant will be free to provide the same or similar services for its own account or the account of its Affiliates or other Persons without obligation to Producer.
Producer hereby appoints Coal Consultant, and Coal Consultant hereby accepts such appointment, to act as an independent contractor to provide the Services to Producer throughout the Term, but only to the extent such Services are to be performed on the Site or in respect of the Facility, coal, Producer Coal, Refined Coal or Resold Coal as contemplated in the Project Documents.
Consistent with the foregoing, for all communications with Coal Consultant hereunder, including providing Notices under Section 12.5, Producer may communicate either with XXX or LG&E as agent for the other, and any communications from either XXX or LG&E to Producer, including any Notices under Section 12.5, shall be deemed given on behalf of either or both unless otherwise indicated.
Notification of any such change shall be made in writing to Producer and to the Coal Consultant.
Coal Consultant acknowledges that Producer has retained Operator to operate and maintain the Facility on behalf of Producer on a day-to-day basis, subject to Producer’s oversight.