Common use of Environmental Law Force Majeure Clause in Contracts

Environmental Law Force Majeure. The parties recognize that, during the continuance of this Agreement, legislative or regulatory bodies or the courts may adopt or reinterpret environmental laws, regulations, policies and/or restrictions which will make it impossible or commercially impracticable for Buyer to utilize this or like kind and quality coal which thereafter would be delivered hereunder or Seller to produce the coal which is required hereunder. If as a result of the adoption or reinterpretation of such laws, regulations, policies, or restrictions, or change in the interpretation or enforcement thereof, Buyer decides that it will be impossible or commercially impracticable (uneconomical) for Buyer to utilize such coal, Buyer shall so notify Seller, and thereupon Buyer and Seller shall promptly consider whether corrective actions can be taken in the mining and preparation of the coal at Seller’s mine and/or in the handling and utilization of the coal at Buyer’s generating station; and if in Buyer’s sole judgment such actions will not, without unreasonable expense to Buyer, make it possible and commercially practicable for Buyer to so utilize coal which thereafter would be delivered hereunder without violating any applicable law, regulation, policy or order, Buyer shall have the right, upon the later of sixty (60) days notice to Seller or the effective date of such restriction, to terminate this Agreement without further obligation hereunder on the part of either party. If as a result of the adoption or reinterpretation of such laws, regulations, policies, or restrictions, or change in the interpretation or enforcement thereof, Seller decides that it will be impossible or uneconomical for Seller to produce such coal, Seller shall so notify Buyer, and thereupon Seller and Buyer shall promptly consider whether corrective actions can be taken in the mining and preparation of the coal at Seller’s mine and if in Seller’s sole judgment such actions will not, without unreasonable expense to Seller, make it possible and economical for Seller to produce the coal which thereafter would be delivered hereunder without violating any applicable law, regulation, policy or order, Seller shall have the right, upon the later of sixty (60) days notice to Buyer or the effective date of such restriction, to terminate this Agreement without further obligation hereunder on the part of either party.

Environmental Law Force Majeure. The parties recognize thatIn addition to, and not in limitation of, the provisions of §10.1 above, if Buyer concludes that any new environmental law is enacted or new rule, or regulation is promulgated (including without limitation, an amendment to or a new interpretation of an existing law, rule or regulation) after the date of execution of this Agreement which becomes effective during the continuance term of this Agreement, legislative or regulatory bodies or the courts may adopt or reinterpret environmental lawswinch makes it impossible, regulations, policies and/or restrictions which will make it impossible or commercially impracticable or uneconomical for Buyer to utilize this or like kind and quality coal which thereafter would be delivered hereunder or Seller to produce the coal which is required hereunder. If as a result of the adoption or reinterpretation of such laws, regulations, policies, or restrictions, or change in the interpretation or enforcement thereof, Buyer decides that it will be impossible or commercially impracticable (uneconomical) for Buyer to utilize such coalunder this Agreement, Buyer shall so notify Seller. Thereupon, and thereupon Buyer and Seller shall promptly consider whether corrective actions can be taken in the mining and preparation of the coal at Seller’s mine and/or in the handling and utilization of the coal at Buyer’s generating station; and if . If in Buyer’s sole judgment any such actions will not, without unreasonable expense to Buyer, make it possible and possible, commercially practicable and economical for Buyer to so utilize use the coal which thereafter would be delivered hereunder without violating any applicable law, regulation, policy or order, Buyer shall have the right, upon the later of sixty (60) days notice to Seller or the effective date of such restriction, to terminate this Agreement without further obligation hereunder on the part of either partyparty except for obligations incurred prior to the time of such termination. If as a result of the adoption or reinterpretation of such laws, regulations, policies, policies or restrictions, or change changes in the interpretation or enforcement thereof, Seller decides that it will be impossible impossible, commercially impracticable, or uneconomical for Seller to produce such coalthe coal required hereunder, Seller shall so notify Buyer. Thereupon, Buyer and thereupon Seller and Buyer shall promptly consider whether corrective actions can be taken in the mining and preparation of the coal at Seller’s mine and if mine. If in Seller’s sole judgment any such actions will not, without unreasonable expense to Seller, make it possible and economical possible, commercially impracticable or uneconomical for Seller to produce sell the coal which thereafter would be delivered hereunder without violating any applicable law, regulation, policy or order, Seller shall have the right, upon the later of sixty (60) days notice to Buyer or of the effective date of such restriction, to terminate this Agreement without further obligation hereunder on the part of either partyparty except for obligations incurred prior to the time of such termination.

Environmental Law Force Majeure. The parties recognize thatIn addition to, and not in limitation of, the provisions of §10.1 above, if Buyer concludes that any new environmental law is enacted or new rule, or regulation is promulgated (including without limitation, an amendment to or a new interpretation of an existing law, rule or regulation) after the date of execution of this Agreement which becomes effective during the continuance term of this Agreement, legislative or regulatory bodies or the courts may adopt or reinterpret environmental lawswhich makes it unnecessary, regulationsimpossible, policies and/or restrictions which will make it impossible or commercially impracticable or uneconomical for Buyer to utilize this or like kind and quality coal which thereafter would be delivered hereunder or Seller to produce the coal which is required hereunder. If as a result of the adoption or reinterpretation of such laws, regulations, policies, or restrictions, or change in the interpretation or enforcement thereof, Buyer decides that it will be impossible or commercially impracticable (uneconomical) for Buyer to utilize such coalunder this Agreement, Buyer shall so notify Seller. Thereupon, and thereupon Buyer and Seller shall promptly consider whether corrective actions can be taken in the mining and preparation of the coal at Seller’s mine and/or in the handling and utilization of the coal at Buyer’s generating station; and if . If in Buyer’s sole judgment any such actions will not, without unreasonable expense to Buyer, make it possible and possible, commercially practicable and economical for Buyer to so utilize use the coal which thereafter would be delivered hereunder without violating any applicable law, regulation, policy or order, Buyer shall promptly notify Seller, in writing, of the new required coal quality specifications for any replacement tonnage. Seller shall consider and evaluate what steps can be reasonably taken in the mining and/or preparation of the coal from the existing primary sources to meet the new coal quality specifications. Seller shall determine and communicate to Buyer the increased costs, if any, anticipated by Seller if meeting the new quality specifications is possible. Thereafter the parties will have the rightfollowing sequential options: 1. Seller can offer to Buyer the option, upon but not the later of sixty obligation, to pay to Seller said total increased costs and shipments will continue under the current coal supply Agreement, as modified for the new coal quality specification, or 2. If Buyer does not agree to pay to Seller increased costs or Seller does not meet the new coal quality specifications, then Seller has the option, but not the obligation, to provide substitute coal meeting the revised coal quality specifications under said Agreement at the current equivalent delivered price on a Btu basis. 3. If neither Buyer or Seller exercises their respective option above, then this Agreement shall terminate in ninety (6090) days notice to Seller or the effective date of such restrictionfrom Buyer’s notification, to terminate this Agreement without further obligation hereunder on the part of either party. If as a result of party except for obligations incurred prior to the adoption or reinterpretation time of such laws, regulations, policies, or restrictions, or change in the interpretation or enforcement thereof, Seller decides that it will be impossible or uneconomical for Seller to produce such coal, Seller shall so notify Buyer, and thereupon Seller and Buyer shall promptly consider whether corrective actions can be taken in the mining and preparation of the coal at Seller’s mine and if in Seller’s sole judgment such actions will not, without unreasonable expense to Seller, make it possible and economical for Seller to produce the coal which thereafter would be delivered hereunder without violating any applicable law, regulation, policy or order, Seller shall have the right, upon the later of sixty (60) days notice to Buyer or the effective date of such restriction, to terminate this Agreement without further obligation hereunder on the part of either partytermination.

Environmental Law Force Majeure. The parties recognize thatIn addition to, and not in limitation of, the provisions of §10.1 above, if Buyer concludes that any new environmental law is enacted or new rule, or regulation is promulgated (including without limitation, an amendment to or a new interpretation of an existing law, rule or regulation) after the date of execution of this Agreement which becomes effective during the continuance term of this Agreement, legislative or regulatory bodies or the courts may adopt or reinterpret environmental lawswhich makes it impossible, regulations, policies and/or restrictions which will make it impossible or commercially impracticable or uneconomical for Buyer to utilize this or like kind and quality coal which thereafter would be delivered hereunder or Seller to produce the coal which is required hereunder. If as a result of the adoption or reinterpretation of such laws, regulations, policies, or restrictions, or change in the interpretation or enforcement thereof, Buyer decides that it will be impossible or commercially impracticable (uneconomical) for Buyer to utilize such coalunder this Agreement, Buyer shall so notify Seller. Thereupon, and thereupon Buyer and Seller shall promptly consider whether corrective actions can be taken in the mining and preparation of the coal at Seller’s mine and/or in the handling and utilization of the coal at Buyer’s generating station; and if . If in Buyer’s sole judgment any such actions will not, without unreasonable expense to Buyer, make it possible and possible, commercially practicable and economical for Buyer to so utilize use the coal which thereafter would be delivered hereunder without violating any applicable law, regulation, policy or order, Buyer shall have the right, upon the later of sixty (60) days days’ notice to Seller or the effective date of such restriction, to terminate this Agreement without further obligation hereunder on the part of either partyparty except for obligations incurred prior to the time of such termination. Provided, however, and the foregoing notwithstanding, in the event such impossibility or commercial impracticability does not affect all of Buyer’s generating stations referenced in Recital A hereof, Buyer’s right of termination shall be limited to that percentage of the adjusted Base Quantity that was delivered hereunder to the generating station or stations affected by such impossibility or commercial impracticability during the most recent twelve months preceding such termination (or since the beginning of deliveries hereunder, if less than twelve (12) months). If as a result of the adoption or reinterpretation of such laws, regulations, policies, policies or restrictions, or change changes in the interpretation or enforcement thereof, Seller decides that it will be impossible impossible, commercially impracticable, or uneconomical for Seller to produce such coalthe coal required hereunder, Seller shall so notify Buyer. Thereupon, Buyer and thereupon Seller and Buyer shall promptly consider whether corrective actions can be taken in the mining and preparation of the coal at Seller’s mine and if mine. If in Seller’s sole judgment any such actions will not, without unreasonable expense to Seller, make it possible and economical possible, commercially impracticable or uneconomical for Seller to produce sell the coal which thereafter would be delivered hereunder without violating any applicable law, regulation, policy or order, Seller shall have the right, upon the later of sixty (60) days days’ notice to Buyer or of the effective date of such restriction, to terminate this Agreement without further obligation hereunder on the part of either partyparty except for obligations incurred prior to the time of such termination.

Environmental Law Force Majeure. The parties recognize thatIn addition to, and not in limitation of, the provisions of §10.1 above, if Buyer concludes that any new environmental law is enacted or new rule, or regulation is promulgated (including without limitation, an amendment to or a new interpretation of an existing law, rule or regulation) after the date of execution of this Agreement which becomes effective during the continuance term of this Agreement, legislative or regulatory bodies or the courts may adopt or reinterpret environmental lawswhich makes it impossible, regulations, policies and/or restrictions which will make it impossible or commercially impracticable or uneconomical for Buyer to utilize this or like kind and quality coal which thereafter would be delivered hereunder or Seller to produce the coal which is required hereunder. If as a result of the adoption or reinterpretation of such laws, regulations, policies, or restrictions, or change in the interpretation or enforcement thereof, Buyer decides that it will be impossible or commercially impracticable (uneconomical) for Buyer to utilize such coalunder this Agreement, Buyer shall so notify Seller. Thereupon, and thereupon Buyer and Seller shall promptly consider whether corrective actions can be taken in the mining and preparation of the coal at Seller’s mine and/or in the handling and utilization of the coal at Buyer’s generating station; and if . If in Buyer’s sole judgment any such actions will not, without unreasonable expense to Buyer, make it possible and possible, commercially practicable and economical for Buyer to so utilize use the coal which thereafter would be delivered hereunder without violating any applicable law, regulation, policy or order, Buyer shall have the right, upon the later of sixty (60) days notice to Seller or the effective date of such restriction, to terminate this Agreement without further obligation hereunder on the part of either partyparty except for obligations incurred prior to the time of such termination. If as a result of the adoption or reinterpretation of such laws, regulations, policies, policies or restrictions, or change changes in the interpretation or enforcement thereof, Seller decides that it will be impossible impossible, commercially impracticable, or uneconomical for Seller to produce such coalthe coal required hereunder, Seller shall so notify Buyer. Thereupon, Buyer and thereupon Seller and Buyer shall promptly consider whether corrective actions can be taken in the mining and preparation of the coal at Seller’s mine and if mine. If in Seller’s sole judgment any such actions will not, without unreasonable expense to Seller, make it possible and economical possible, commercially impracticable or uneconomical for Seller to produce sell the coal which thereafter would be delivered hereunder without violating any applicable law, regulation, policy or order, Seller shall have the right, upon the later of sixty (60) days notice to Buyer or of the effective date of such restriction, to terminate this Agreement without further obligation hereunder on the part of either partyparty except for obligations incurred prior to the time of such termination.

Environmental Law Force Majeure. The parties recognize thatIn addition to, and not in limitation of, the provisions of §10.1 above, if Buyer concludes that any new environmental law is enacted or new rule, or regulation is promulgated (including without limitation, an amendment to or a new interpretation of an existing law, rule or regulation) after the date of execution of this Agreement which becomes effective during the continuance term of this Agreement, legislative or regulatory bodies or the courts may adopt or reinterpret environmental lawswhich makes it impossible, regulations, policies and/or restrictions which will make it impossible or commercially impracticable or uneconomical for Buyer to utilize this or like kind and quality quality, or the full quantities thereof, coal which thereafter would be delivered hereunder or Seller to produce the coal which is required hereunder. If as a result of the adoption or reinterpretation of such laws, regulations, policies, or restrictions, or change in the interpretation or enforcement thereof, Buyer decides that it will be impossible or commercially impracticable (uneconomical) for Buyer to utilize such coalunder this Agreement, Buyer shall so notify Seller. Thereupon, and thereupon Buyer and Seller shall promptly consider whether corrective actions can be taken in the mining and preparation of the coal at Seller’s mine and/or in the handling and utilization utilization, or quantities, of the coal at Buyer’s generating station; and if . If in Buyer’s sole judgment any such actions will not, without unreasonable expense to Buyer, make it possible and possible, commercially practicable and economical for Buyer to so utilize use the coal which thereafter would be delivered hereunder without violating any applicable law, regulation, policy or order, Buyer shall have the right, upon the later of sixty (60) days days’ notice to Seller or the effective date of such restriction, to terminate this Agreement without further obligation hereunder on the part of either partyparty except for obligations incurred prior to the time of such termination. Provided, however, and the foregoing notwithstanding, in the event such impossibility or commercial impracticability does not affect all of Buyer’s generating stations referenced in Recital A hereof, Buyer’s right of termination shall be limited to that percentage of the adjusted Base Quantity that was delivered hereunder to the generating station or stations affected by such impossibility or commercial impracticability during the most recent twelve months preceding such termination (or since the beginning of deliveries hereunder, if less than twelve (12) months). If as a result of the adoption or reinterpretation of such laws, regulations, policies, policies or restrictions, or change changes in the interpretation or enforcement thereof, Seller Xxxxxx decides that it will be impossible impossible, commercially impracticable, or uneconomical for Seller to produce such coalthe coal required hereunder, Seller shall so notify Buyer. Thereupon, Buyer and thereupon Seller and Buyer shall promptly consider whether corrective actions can be taken in the mining and preparation of the coal at Seller’s mine and if mine. If in Seller’s sole judgment any such actions will not, without unreasonable expense to Seller, make it possible and economical possible, commercially impracticable or uneconomical for Seller to produce sell the coal which thereafter would be delivered hereunder without violating any applicable law, regulation, policy or order, Seller shall have the right, upon the later of sixty (60) days days’ notice to Buyer or of the effective date of such restriction, to terminate this Agreement without further obligation hereunder on the part of either partyparty except for obligations incurred prior to the time of such termination.