Common use of Freeze Conditioning Clause in Contracts

Freeze Conditioning. At Buyer’s request, Seller shall treat (or have treated) any shipment of coal hereunder with a freeze conditioning agent approved by Buyer in order to maintain coal handling characteristics during shipment. If requested by Buyer, Seller shall also treat (or have treated) any railcars specified by Buyer with a side release agent approved by Buyer. The price for such requested chemical treatment shall be an amount equal to Seller’s cost of materials applied and associated application costs on a per gallon basis for each application of freeze conditioning agent or side release agent, as the case may be. Seller shall invoice Buyer for all such treatment which occurred in a calendar month by the fifteenth (l5th) of the following month; and payment shall be electronically transferred by the twenty-fifth (25th) of such following month, except that, if the twenty-fifth (25th) is not a regular work day, payment shall be made on the next business day or within ten (10) days after receipt of Seller’s invoice, whichever is later.

Appears in 3 contracts

Samples: Coal Supply Agreement (Armstrong Coal Company, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.)

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Freeze Conditioning. At Buyer’s request, Seller shall treat (or have treated) any shipment of coal hereunder with a freeze conditioning agent approved by Buyer in order to maintain coal handling characteristics during shipment. If requested by Buyer, Seller shall also treat (or have treated) any railcars specified by Buyer with a side release agent approved by Buyer. The price for such requested chemical treatment shall be an amount equal to Seller’s cost of materials applied and associated application costs on a per gallon basis for each application of freeze conditioning agent or side release agent, as the case may be. Seller shall invoice Buyer for all such treatment which occurred in a calendar month by the fifteenth (l5th15th) of the following month; and payment shall be electronically transferred by the twenty-fifth (25th) of such following month, except that, if the twenty-fifth (25th) is not a regular work day, payment shall be made on the next business day or within ten (10) days after receipt of Seller’s invoice, whichever is later.

Appears in 3 contracts

Samples: Coal Supply Agreement (Armstrong Coal Company, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.), Coal Supply Agreement (Armstrong Resource Partners, L.P.)

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