COAL SOURCE Sample Clauses

COAL SOURCE. The coal sold under this Agreement shall be from Seller's Mine located near Decker, Montana. If an event of force majeure, as defined in Section 8, prevents delivery of coal at the Mine, Seller may, but shall not be required to, supply coal from sources other than the Mine ("Substitute Coal"), provided that the price for Substitute Coal shall be adjusted as necessary so that the total delivered cost per million Btu for Substitute Coal delivered to the Sugar Factory, taking into account Buyer's actual transportation costs, equals the delivered cost per million Btu for coal from the Mine, subject to any price adjustments pursuant to Sections 4.02 and 6.01. Seller's right to furnish Substitute Coal shall not affect its right to claim a force majeure or to claim excuse from performance pursuant to Section 8 below. Buyer may, but shall not be required to, accept substitute coal with field averages different than Spring Creek Mine field averages specified in Section 4.01 (a) of this Agreement. If Seller fails to deliver for reasons other than force majeure, Seller will supply Substitute Coal.
Sample 1
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COAL SOURCE. Shell will sell and deliver to City, and City shall purchase and accept from Shell, coal mined from the Elkhart mine ("Mine") in the Elkhart Mining Area located in Xxxxx County, Illinois, as shown in Exhibit A to this Contract ("Mining Area"). The coal shall be 2" x 0" washed, and is expected to have the typical quality shown in Exhibit B to this Contract; but City understands that the quality of individual deliveries may vary from the expected averages, because of variations in the quality of the coal being mined.
Sample 1
COAL SOURCE. The coal sold under this Agreement shall be from Seller's Spring Creek Mine located near Xxxxxx, Montana. If an event of force majeure, as defined in Section 8, prevents delivery of coal at the Spring Creek Mine, Seller may, but shall not be required to, supply coal from sources other than the Spring Creek Mine ("Substitute Coal"), provided that the price for Substitute Coal shall be adjusted as necessary so that the total delivered cost per million Btu for Substitute Coal delivered to the Sugar Factories, taking into account Buyer's actual transportation costs, equals the delivered cost per million Btu for coal from the Mine, subject to any price adjustments pursuant to Sections 4.02 and 6.01. Seller's right to furnish Substitute Coal shall not affect its right to claim a force majeure or to claim excuse from performance pursuant to Section 8 below. Buyer may, but shall not be required to, accept Substitute Coal with field averages different than Spring Creek Mine field averages specified in Section 4.01 (a) of this Agreement.
Sample 1
COAL SOURCE. The parties hereto agree and acknowledge that this Coal Supply Agreement shall primarily be served from certain coal properties within Fayette Township, Vigo County, Indiana and that this Coal Supply Agreement shall serve as the basis for developing a mine or mines on said properties. Said properties are included as a “dedicated” reserve to this Coal Supply Agreement and are indicated as Exhibit I, attached hereto and made a part of hereof.
Sample 1

Related to COAL SOURCE

  • Third Party Vendors Nothing herein shall impose any duty upon DST in connection with or make DST liable for the actions or omissions to act of the following types of unaffiliated third parties: (a) courier and mail services including but not limited to Airborne Services, Federal Express, UPS and the U.S. Mails, (b) telecommunications companies including but not limited to AT&T, Sprint, MCI and other delivery, telecommunications and other such companies not under the party’s reasonable control, and (c) third parties not under the party’s reasonable control or subcontract relationship providing services to the financial industry generally, such as, by way of example and not limitation, the National Securities Clearing Corporation (processing and settlement services), Fund custodian banks (custody and fund accounting services) and administrators (blue sky and Fund administration services), and national database providers such as Choice Point, Acxiom, TransUnion or Lexis/Nexis and any replacements thereof or similar entities, provided, if DST selected such company, DST shall have exercised due care in selecting the same. Such third party vendors shall not be deemed, and are not, subcontractors for purposes of this Agreement.

  • Other Sources Indemnitee shall not be required to exercise any rights that Indemnitee may have against any other Person (for example, under an insurance policy) before Indemnitee enforces his rights under this Agreement. However, to the extent the Company actually indemnifies Indemnitee or advances him Expenses, the Company shall be subrogated to the rights of Indemnitee and shall be entitled to enforce any such rights which Indemnitee may have against third parties. Indemnitee shall assist the Company in enforcing those rights if it pays his costs and expenses of doing so. If Indemnitee is actually indemnified or advanced Expenses by any third party, then, for so long as Indemnitee is not required to disgorge the amounts so received, to that extent the Company shall be relieved of its obligation to indemnify Indemnitee or advance Indemnitee Expenses.

  • Information Sources The Custodian may rely upon information received from issuers of Investments or agents of such issuers, information received from Subcustodians and from other commercially reasonable sources such as commercial data bases and the like, but shall not be responsible for specific inaccuracies in such information, provided that the Custodian has relied upon such information in good faith, or for the failure of any commercially reasonable information provider.

  • Country Risk Country Risk shall mean, with respect to the acquisition, ownership, settlement or custody of Investments in a jurisdiction, all risks relating to, or arising in consequence of, systemic and markets factors affecting the acquisition, payment for or ownership of Investments including (a) the prevalence of crime and corruption, (b) the inaccuracy or unreliability of business and financial information, (c) the instability or volatility of banking and financial systems, or the absence or inadequacy of an infrastructure to support such systems, (d) custody and settlement infrastructure of the market in which such Investments are transacted and held, (e) the acts, omissions and operation of any Securities Depository, (f) the risk of the bankruptcy or insolvency of banking agents, counterparties to cash and securities transactions, registrars or transfer agents, and (g) the existence of market conditions which prevent the orderly execution or settlement of transactions or which affect the value of assets.

  • Assumed Business Names Borrower has filed or recorded all documents or filings required by law relating to all assumed business names used by Borrower. Excluding the name of Borrower, the following is a complete list of all assumed business names under which Borrower does business: None.

  • Medi Cal - is a federal and state funded health care program established by Title XIX of the Social Security Act, as amended, which is administered in California by the DHS.

  • Open Source Licensee shall not perform any actions with regard to the Mount Sinai Technology that would require the Mount Sinai Technology to be sublicensed under Open Source License Terms, or any Source Code contained within the Mount Sinai Technology to be disclosed. These actions shall include without limitation (i) combining the Mount Sinai Technology with Open Source Software, by means of incorporation or linking or otherwise; or (ii) using Open Source Software to create a Derivative Work of the Mount Sinai Technology.

  • Motorola retains the right to subcontract, in whole or in part, any effort required to fulfill its obligations under this Agreement, provided Motorola shall remain liable for performance hereunder.

  • Third Party Technology The assignment of any applicable license agreements with respect to Third Party Technology are set forth in the General Assignment and Assumption Agreement.

  • Baxter and Nexell shall cooperate in any action taken by a third party solely involving a nullity action, opposition, reexamination or any other action taken by such third party alleging the invalidity or unenforceability of any Licensed Intellectual Property. Both parties agree to share equally in the cost of the defense of such Licensed Intellectual Property.

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