Common use of Annual Delivery Plan Clause in Contracts

Annual Delivery Plan. Seller has dedicated and set aside for this Agreement such quality and quantity of coal reserves at Seller’s Mines as are required for full performance of Seller’s obligations hereunder. Seller warrants that such reserves are assigned to Seller’s Cypress Creek, Prosperity and Oaktown Mines. Because the availability of coal may vary from each of Seller’s Mines during certain periods, Buyer and Seller hereby agree, on an annual basis, to meet to discuss, coordinate, and agree to a plan (“Annual Delivery Plan”) for the delivery of coal to Buyer’s Plant. The Annual Delivery Plan shall specify the source and volumes from each source to be delivered to the Plant under this Agreement. Transportation charges for delivering coal to Buyer’s Plant from either of Seller’s Mines shall be determined in Accordance with Section 4.1 and Section 6.5. When developing the Annual Delivery Plan, every attempt shall be made to deliver coal to Buyer in accordance with Buyer’s instructions. Coal delivered according to the Annual Delivery Plan shall also meet the coal quality specifications outlined in Exhibit A.