Common use of Early Termination without Event of Default Clause in Contracts

Early Termination without Event of Default. Purchasers and Seller shall each have the right to terminate this Agreement effective immediately on delivery of Written notice of termination if by December 31, 2003: (i) Seller does not receive financial and/or tax incentives from Governmental Authorities that are acceptable to Seller in its sole discretion; (ii) Seller does not acquire the real property and related rail line easement from Norfolk Southern’s and/or its affiliate(s) sufficient (in the judgment of Seller) to develop the Coke Plant; Seller and Norfolk Southern do not enter into transportation agreements for all coke shipments originating from the Coke Plant to Purchasers’ current Delivery Points (following the approval thereof by Purchasers); Seller and Norfolk Southern do not enter into a coal handling agreement for the storage, handling and blending of Coals to be delivered to the Coke Plant; and Seller’s affiliate (Xxxxxx Smokeless Coal Corporation) and Norfolk Southern do not enter into transportation agreements for all coke shipments originating from the Xxxxxxx coke plant to Purchasers; and (iii) the board of directors of each of the Parties and, as required, the parent corporations of each Party, hereto have not approved this Agreement and the “Amended and Restated Coke Supply Agreement” by and between Purchasers and Xxxxxx Xxxx Company, L.P.

Early Termination without Event of Default. Purchasers and Seller shall each have the right to terminate this Agreement effective immediately on delivery of Written written notice of termination if if, by December 31, 2003: (i) Seller does not receive financial and/or tax incentives from Governmental Authorities that are acceptable to Seller in its sole discretion; (ii) Seller does not acquire the real property and related rail line easement from Norfolk Southern’s and/or its affiliate(s) sufficient (in the judgment of Seller) to develop the Coke Plant; Seller Xxxxxx Smokeless and Norfolk Southern do not enter into transportation agreements for all coke shipments originating from the Coke Plant to to, Purchasers’ current Delivery Points (following the approval thereof by Purchasers); Seller Xxxxxx’x affiliate (North Coke Company, “Haverhill”) does not acquire the real property and related rail line easement from Norfolk Southern and/or its affiliates(s) sufficient (in the judgment of Haverhill) to develop the Haverhill coke plant; Haverhill and Norfolk do not enter into o transportation agreements for all coke shipments originating from the Haverhill coke plant to Purchasers’ current delivery points for shipments originating from that coke plant; and Haverhill and Norfolk Southern do not enter into a coal handling agreement for the storage, handling and blending of Coals coals to be delivered to the Coke Plant; and Seller’s affiliate (Xxxxxx Smokeless Coal Corporation) and Norfolk Southern do not enter into transportation agreements for all Haverhill coke shipments originating from the Xxxxxxx coke plant to Purchasers; andplant. (iiiii) the board of directors of each of the Parties and, as required, the parent corporations of each Party, hereto have not approved this Agreement and the “Amended and Restated Coke Supply Purchase Agreement” by and between Purchasers and Xxxxxx Xxxx CompanyHaverhill. Provided, L.P.however, in the event of any such termination hereunder, the Coke Supply Agreement between the Parties in effect prior to the date of this Agreement shall continue in full force and effect.