Delivery by rail Sample Clauses

Delivery by rail. The User must ensure that its Coal is delivered to the Terminal by rail utilising rolling stock which is compatible with and (as far as it is practicable for the User to control) efficiently utilises the unloading facilities at the Terminal.
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Delivery by rail. Water: This Agreement is based on the loading of railcars at Seller's Operations and movement of those cars to a port for loading on a vessel and ultimate delivery DES at the Roseton Dock. The Seller is responsible for both the rail and vessel movements. Coal deliveries to the Roseton Dock can only be made in Belt Self Unloading Vessels that meet the Roseton Dock and Hudson River limitations as described in Attachment I xxxxxx. However, the Seller and its Agents are responsible for the safe passage of Vessels under their control in all
Sample 1
Delivery by rail. Where delivery of coal is by rail, Seller will provide railcar-loading facilities sufficient to load the coal properly and within the appropriate loading time. In addition to any other damages, Seller shall be liable for and shall pay Buyer for any transportation costs or detention charges incurred by Buyer which may be occasioned by the failure of Seller to furnish and load coal at the loading point within the proper times and in the proper quantities as specified in the applicable tariff or agreement. Seller shall pay all costs of transportation from the mine to the rail-loading facility including rail-loading charges. Buyer shall pay costs of rail freight from loading point to unloading point. A “short prox” analysis and a bill of lading or waybill form must be sent by email or facsimile to arrive at the destination plant before coal is received. In the event that telecopy equipment or email is not available to the Seller, a telephone call must be placed to the aforementioned personnel for the purpose of reporting shipments no later than the end of the first working day after shipment takes place. The shipping document for rail coal must give the Purchase Order number, the name of Seller, train number, railcar numbers of each car shipped to Buyer, and the date of shipment. In addition, a copy of this document must be sent to the following personnel: Xxxx Xxxxxxx Lakeland Electric 000 Xxxx Xxxxx Xxxxxx Xxxxxxxx, XX 00000-0000 Fax No. 000.000.0000 Email Xxxx.Xxxxxxx@xxxxxxxxxxxxxxxx.xxx Email Invoices: Xxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx The weight of the coal sold and delivered hereunder shall be determined from Seller’s certified scales batch weigh system or scales owned or approved by the participating Railroad. Any scale used to measure the coal shall be maintained and operated in accordance with procedures acceptable to Buyer and shall be certified at intervals of no less than six (6) months to be in conformity with the most current Scale Handbook published by the Association of American Railroads. The point of sampling and the party responsible for analyzing coal under the Agreement shall be as approved by the Buyer prior to the loading of the first shipment. The sampling and analyzing of the coal shall be in accordance with the applicable standards of the American Society of Testing Materials (ASTM) or its successor organization. The Seller shall maintain its mechanical sampling system in good working condition. The system shall be capable of “cuttin...
Sample 1
Delivery by rail. By mutual agreement of the Parties, Buyer shall have the right to require Seller to load gypsum on to railcars supplied by Buyer. The terms of the railcar loading shall be negotiated at the time the Parties agree on using this method of transportation.
Sample 1
Delivery by rail 
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Related to Delivery by rail

  • Delivery by Seller At the Closing, Seller will deliver to Buyer certificates representing the JET Shares, duly endorsed for transfer.

  • Delivery by Buyer At the Closing, Buyer shall deliver to Seller a certificate representing the EYEQ Shares.

  • Delivery by Facsimile This Agreement, the agreements referred to herein, and each other agreement or instrument entered into in connection herewith or therewith or contemplated hereby or thereby, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto shall reexecute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.

  • Delivery by Telecopier Delivery of an executed counterpart of a signature page to this Guaranty Supplement by telecopier shall be effective as delivery of an original executed counterpart of this Guaranty Supplement.

  • Delivery by Facsimile or Email This Agreement, the agreements referred to herein, and each other agreement or instrument entered into in connection herewith or therewith or contemplated hereby or thereby, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine or email with scan or facsimile attachment, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine or email to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or email as a defense to the formation or enforceability of a contract, and each such party forever waives any such defense.

  • Failure to Deliver Conversion Shares If, in the case of any Notice of Conversion, such Conversion Shares are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such Conversion Shares, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Debenture delivered to the Company and the Holder shall promptly return to the Company the Conversion Shares issued to such Holder pursuant to the rescinded Conversion Notice.

  • No Transmission Delivery Service The execution of this Agreement does not constitute a request for, nor agreement to provide, any Transmission Service under the NYISO OATT, and does not convey any right to deliver electricity to any specific customer or Point of Delivery. If Developer wishes to obtain Transmission Service on the New York State Transmission System, then Developer must request such Transmission Service in accordance with the provisions of the NYISO OATT.

  • Counterparts; Delivery by Facsimile This Assignment Agreement may be executed in counterparts. Transmission by facsimile of an executed counterpart of this Assignment Agreement shall be deemed to constitute due and sufficient delivery of such counterpart and such facsimile shall be deemed to be an original counterpart of this Assignment Agreement.

  • Delivery Term The period for which prices for All-Requirements Power Supply have been established, as set forth in Exhibit A.

  • Delivery by the Company At the Closing, the Company shall register the Shares in the name of the Employee. Certificates relating to the Shares shall be held by the Secretary of the Company or his designee on behalf of the Employee.

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