Common use of Consequence of Force Majeure Clause in Contracts

Consequence of Force Majeure. A party's performance of its obligations hereunder, except obligations to make payments of money already due to the other party hereunder prior to the occurrence of the Force Majeure event, shall be excused to the extent prevented, interrupted, hindered or delayed by a Force Majeure event. In case of reduction of Seller's output and consequent inability to deliver or reduction of Keystone's ability to accept delivery of, or to consume coal, resulting from an event of Force Majeure, Seller and Keystone shall endeavor, upon request of the other, to continue the delivery and acceptance, respectively, of substantially the same proportion of their respective production and consumption as so reduced. Deficiencies in the quantity of coal delivered hereunder due to a Force Majeure event shall not be made up except by mutual agreement of Keystone and Seller. The party claiming excuse because of a Force Majeure event shall give notice by telephone to the other party immediately upon becoming aware of such event, with such notice confirmed in writing as soon as practicable thereafter under the circumstances. Such notice to the other party shall describe the circumstances of the event or cause giving rise to the claim of Force Majeure and the anticipated duration thereof. During the existence of any Force Majeure event preventing delivery of coal by Seller, Keystone shall have the right to purchase and utilize replacement coal from other suppliers in a quantity which bears a commercially reasonable relation to the quantity which would have been delivered to Keystone but for such Force Majeure event. Keystone, at its sole discretion, shall give Seller the opportunity to bid on the supply of such replacement coal and, within fifteen days, to match the terms offered by such other suppliers. During the existence of any Force Majeure event preventing utilization of coal by Keystone, Seller shall have the right to sell coal dedicated to Keystone to third parties in a quantity which bears a commercially reasonable relation to the quantity which would have been delivered to Keystone but for such Force Majeure event.

Consequence of Force Majeure. A party's performance of its obligations hereunder, except obligations to make payments of money already due to the other party hereunder prior to the occurrence of the Force Majeure event, shall be excused to the extent prevented, interrupted, hindered or delayed by a Force Majeure event. In case of reduction of Seller's output and consequent inability to deliver deliver, or reduction of Keystone's ability to accept delivery of, or to consume coal, resulting from an event of Force Majeure, Seller and Keystone shall endeavor, upon request of the other, to continue the delivery and acceptance, respectively, of substantially the same proportion of their respective production and consumption as so reduced. Deficiencies in the quantity of coal delivered hereunder due to a Force Majeure event shall not be made up except by mutual agreement of Keystone and Seller. The party claiming excuse because of a Force Majeure event shall give notice by telephone to the other party immediately upon becoming aware of such event, with such notice confirmed in writing as soon as practicable thereafter under the circumstances. Such notice to the other party shall describe the circumstances of the event or cause giving rise to the claim of Force Majeure and the anticipated duration thereof. During the existence of any Force Majeure event preventing delivery of coal by Seller, Keystone shall have the right to purchase and utilize replacement coal from other suppliers in a quantity which bears a commercially reasonable relation to the quantity which would have been delivered to Keystone but for such Force Majeure event. Keystone, at its sole discretion, shall give Seller the opportunity to bid on the supply of such replacement coal and, within fifteen days, to match the terms offered by such other suppliers. During the existence of any Force Majeure event preventing utilization of coal by Keystone, Seller shall have the right to sell coal dedicated to Keystone to third parties in a quantity which bears a commercially reasonable relation to the quantity which would have been delivered to Keystone but for such Force Majeure event.