PREMIUMS and PENALTIES. For FIXED PRICE contracts premiums and penalties shall be calculated at the contract price on the rates set out above. For POOL contracts premiums and penalties shall be calculated at the average price of all POOL sales by the method set out above (11).
PREMIUMS and PENALTIES. In the event that the Coal delivered by Seller to Buyer hereunder varies from the Specifications provided in Schedule 4.1 for Calorific Value, premiums and penalties shall be calculated as set forth herein. Buyer will calculate a Calorific Value Adjustment as determined pursuant to Schedule 5.1. Within 10 Days after the end of each Month, the premiums and penalties, if any, shall be netted against each other and the net premium or penalties, as appropriate, for all Shipments during said Month shall be determined by Buyer (subject to the sampling and weighing procedures set forth in Schedule 4.3) and Buyer shall pay Seller the premiums, if any, or Seller shall pay Buyer the penalties, if any, calculated on the applicable Contract Price according to the procedure set forth in Schedule 5.1.
PREMIUMS and PENALTIES. (a) If an Employee is unable to have a meal period by the times specified in Article Ten (10), Section (a), the Company shall be required to pay a meal penalty of two times (2x) the rate of pay in use and effect based on hourly increments, but calculated in one-tenth (.1) hour segments until such a meal period is provided. Any part of a one-tenth (.1) hour segment shall constitute a full one-tenth (.1) hour segment, and at no time shall the rate of pay exceed three times (3x) the basic hourly rate. In the event that an Employee is working beyond the first (1st) hour of the second (2nd) meal penalty, the Company shall discuss with the Shop Xxxxxxx the most appropriate course of action in terms of addressing meal periods and provide the Employees with a reasonable “walking meal” if no proper meal period is taken.
PREMIUMS and PENALTIES. If AWVMC actually receives a premium payment for any Coal delivered from the Premises to the Processing Plant under the Mettiki Agreement, AWVMC shall pay to Independent Contractor an amount equal to [*](4) of such premium payment within twenty (20) days of receipt of the same by AWVMC. If AWVMC actually pays a penalty for any Coal delivered from the Premises to the Processing Plant under the Mettiki Agreement, Independent Contractor shall pay to AWVMC an amount equal to [*](4) of such penalty within twenty (20) days of receipt by Independent Contractor of written notice of such penalty from AWVMC. AWVMC shall have the right to deduct such amount from the payment of the Contract Price under Section 5.2. ---------- 4 Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission (the "Commission"). The omitted portions, marked by "[*]", have been filed separately with the Commission.
