Effect of Indemnification. The indemnification provided for in this Article XIV shall not provide an alternative remedy for any deficiencies in the quality of coal delivered hereunder or for any liabilities, damage or losses which are expressly addressed in any other Article or Section of this Agreement; the remedies expressly provided for in such other Article or Section of this Agreement shall, to the extent applicable, govern the rights and obligations of the parties instead of the remedies provided for in this Article XIV.
Appears in 4 contracts
Samples: Coal Supply Agreement (International Coal Group, Inc.), Coal Supply Agreement (International Coal Group, Inc.), Coal Supply Agreement (International Coal Group, Inc.)
Effect of Indemnification. The indemnification provided for in this Article XIV XVI shall not provide an alternative remedy for any failure to deliver coal hereunder or for any deficiencies in the quality of coal delivered hereunder or for any liabilities, damage or losses which are expressly addressed in any other Article or Section of this Agreement; the remedies expressly provided for in such other Article or Section of this Agreement shall, to the extent applicable, govern the rights and obligations of the parties Parties instead of the remedies provided for in this Article XIVXVI.
Appears in 1 contract
Samples: Ash Disposal Agreement (Industrial Fuels Minerals Co)