Effect Upon Buyer's Obligations. The parties hereto recognize the possibility that, during the continuance of this Agreement, federal, state or local legislative or regulatory bodies or the courts may impose or enforce regulations, restrictions or standards, or revise existing regulations, restrictions or standards which in Buyer's sole discretion will make it impossible or impractical for Buyer to utilize the coal hereafter to be delivered hereunder at the Danskammer Plant. Such regulations or restrictions could pertain to, but would not necessarily be limited to coal quality. If any such regulations or restrictions are imposed and if as a result thereof Buyer, in its sole discretion, decides that it will be impossible or impractical for Buyer to utilize the coal, Buyer shall so advise Seller and thereupon Buyer and Seller shall promptly consider what corrective steps they can take in the mining and preparation of the coal and in the handling and combustion of the coal at the Danskammer Plant; and if in Buyer's judgement such steps will not, without unreasonable expense to Buyer, make it possible and practical for Buyer to utilize the coal thereafter to be delivered hereunder without violating such regulations or restrictions, Buyer shall have the right, upon written notice to Seller, to terminate this Agreement without further obligation to Seller hereunder.
Appears in 2 contracts
Samples: Contract (Central Hudson Gas & Electric Corp), Contract (Central Hudson Gas & Electric Corp)
Effect Upon Buyer's Obligations. The parties hereto recognize the possibility that, during the continuance of this Agreement, national, federal, state or local legislative or regulatory bodies or the courts may impose or enforce regulations, restrictions or standards, or revise existing regulations, restrictions or standards which in Buyer's sole discretion will make it impossible or impractical for Buyer to utilize the coal hereafter to be delivered hereunder at the Danskammer Plant. Such regulations or restrictions could pertain to, but would not necessarily be limited to coal quality. If any such regulations or restrictions are imposed and if as a result thereof Buyer, in its sole discretion, decides that it will be impossible or impractical for Buyer to utilize the coal, Buyer shall so advise Seller and thereupon Buyer and Seller shall promptly consider what corrective steps they can take in the mining and preparation of the coal and in the handling and combustion of the coal at the Danskammer Plant; and if in Buyer's judgement such steps will not, without unreasonable expense to Buyer, make it possible and practical for Buyer to utilize the coal thereafter to be delivered hereunder without violating such regulations or restrictions, Buyer shall have the unilateral right, upon written notice to Seller, to terminate this Agreement without further obligation to Seller hereunder.
Appears in 2 contracts
Samples: Agreement for the Sale and Purchase of Coal (Central Hudson Gas & Electric Corp), Agreement for the Sale and Purchase of Coal (Central Hudson Gas & Electric Corp)
Effect Upon Buyer's Obligations. The parties Parties hereto recognize the possibility that, during the continuance Term of this Agreement, federal, state or local legislative or regulatory bodies or the courts may impose or enforce regulations, restrictions or standards, or revise existing regulations, restrictions or standards which in Buyer's sole discretion will make it impossible or impractical for Buyer to utilize the coal hereafter thereafter to be delivered hereunder at the Danskammer Plant. Such regulations or restrictions could pertain to, but would not necessarily be limited to coal quality. If any such regulations or restrictions are imposed and if as a result thereof Buyer, in its sole discretion, decides that it will be impossible or impractical for Buyer to utilize the coal, Buyer shall so advise Seller and thereupon Buyer and Seller shall promptly consider what corrective steps they can take in the mining and preparation of the coal and in the handling and combustion of the coal at the Danskammer Plant; , and if in Buyer's judgement judgment such steps will not, without unreasonable expense to Buyer, make it possible and practical for Buyer to utilize the coal thereafter to be delivered hereunder without violating such regulations or restrictions, Buyer shall have the right, upon written notice to Seller, to terminate this Agreement without further obligation to Seller hereunder.
Appears in 1 contract
Samples: Term Coal Purchase Agreement (Central Hudson Gas & Electric Corp)