Barge Delivery Point. The coal shall be delivered to Buyer F.O.B. barge at the Xxxxxxxxx dock at Mile Point 76.6 on the Green River (the “Barge Delivery Point”). Provided, however, if the Buyer or Buyer’s barging contractor (“Contractor) is not permitted or able to take possession and control of the barge at such dock (for example, if the dock is part of a closed harbor), then the coal is not considered delivered hereunder unless and until Buyer or Contractor actually takes possession and control of such barge. In such case, the point where Buyer or Contractor actually takes possession and control of the barge shall be considered the Barge Delivery Point hereunder. Seller may deliver the coal at a mutually-agreeable location different from the Barge Delivery Point. In such a case, however, Seller, upon submittal by Buyer of appropriate documentation acceptable to Seller, whose acceptance shall not be unreasonably withheld, shall reimburse Buyer for any resulting increases in the cost of transporting the coal to the destination designated by Buyer. Any resulting savings in such transportation costs shall be retained by Buyer.
Barge Delivery Point. The coal shall be delivered to Buyer F.O.B. barge at the Lone Eagle Dock at Xxxx Xxxxx 000.0 on the Upper Mississippi River (the “Barge Delivery Point”). Provided, however, if the Buyer or Buyer’s barging contractor (“Contractor”) is not permitted or able to take possession and control of the barge at such dock (for example, if the dock is part of a closed harbor), then the coal is not considered delivered hereunder unless and until Buyer or Contractor actually takes possession and control of such barge. In such case, the point where Buyer or Contractor actually takes possession and control of the barge shall be considered the Barge Delivery Point hereunder. Seller may deliver the coal at a mutually-agreeable location different from the Barge Delivery Point. In such a case, however, Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to the destination designated by Buyer. Any resulting savings in such transportation costs shall be retained by Buyer.
Barge Delivery Point. The coal shall be delivered to Buyer F.O.B. barge at the Buck Creek Docks at Xxxx Xxxxx 00.0 xxx/xx Xxxx Xxxxx 00.0 on the Green River. The aforementioned Buck Creek Docks shall be individually and collectively known as the “Barge Delivery Point”.”
Barge Delivery Point. Seller will load and deliver coal hereunder F.O.B. barge at the following facility: the Xxxx Dock at Mile Point 98.5 on the Mississippi River (the “Barge Delivery Point”). Provided, however, if the Buyer or Buyer’s barging contractor (“Contractor”) is not permitted or able to take possession and control of the barge at such dock (for example, if the dock is part of a closed harbor), then the coal is not considered delivered hereunder unless and until Buyer or Contractor actually takes possession and control of such barge. In such case, the point where Buyer or Contractor actually takes possession and control of the barge shall be considered the Barge Delivery Point hereunder. Seller may deliver the coal at a mutually- agreeable location different from the Barge Delivery Point. In such a case, however, Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to the destination designated by Buyer. Any resulting savings in such transportation costs shall be retained by Buyer. Xxxx Dock loading hours are between 0700 to 1500 CST on weekdays, excluding Holidays (New Year’s Day, Memorial Day, Fourth of July Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day) (the “Loading Hours”). Holiday hours begin 0700 of the respective Holiday and continue through 0700 of the following day. Seller will use commercially reasonable efforts to have barges loaded on weekends subject to Xxxx Dock being available to load barges; provided, however, Seller is not obligated to incur additional fees or costs related to such Saturday loadings. The parties agree that Loading Hours govern active loading operations but does not preclude ordinary-course non-loading activities, including fleeting, harboring, security and similar operations relating to empty, partially-loaded or fully-loaded barges, which are permitted and can occur outside of Loading Hours. During the term of this Agreement hours at the dock are subject to change. In the event of a change, Seller will provide Buyer thirty (30) days advance written notice of such change.
Barge Delivery Point. Upon thirty (30) days advance written notice Buyer may request to receive coal F.O.B. barge. Upon receipt of Buyer’s request to receive coal F.O.B. barge, Seller will use commercially reasonable efforts to load and deliver coal hereunder F.O.B. barge at the following facility: the Xxxxxxx County Terminal at Xxxx Xxxxx 000.0 on the Ohio River, known as the “Barge Delivery Point”. To the extent that Seller fails to provide barge coal and such failure is not excused under Force Majeure or other provisions of this Agreement, such tons shall be considered Make-Up Tons subject to Buyer’s rights and options under §3.2. Provided, however, if the Buyer or Buyer’s barging contractor (“Contractor”) is not permitted or able to take possession and control of the barge at such dock (for example, if the dock is part of a closed harbor), then the coal is not considered delivered hereunder unless and until Buyer or Contractor actually takes possession and control of such barge. In such case, the point where Buyer or Contractor actually takes possession and control of the barge shall be considered the Barge Delivery Point hereunder. Seller may deliver the coal at a mutually-agreeable location different from the Barge Delivery Point. In such a case, however, Seller shall reimburse Buyer for any resulting increases in the cost of transporting the coal to the destination designated by Buyer. Any resulting savings in such transportation costs shall be retained by Buyer.
