Common use of Freeze Treatment Agent Clause in Contracts

Freeze Treatment Agent. Buyer shall have the right to require Seller to apply a freeze-treatment chemical agent to the coal delivered hereunder, and to the sides of railcars being used to transport the coal (collectively, “Freeze Treatment”). On or before November 1st of each year, Seller shall notify Buyer of the type of chemical agent to be used in the Freeze Treatment, the manufacturer of the chemical agent, and the cost per gallon of the chemical agent that will be used by Seller, and shall provide Buyer with a copy of the MSDS sheet of such chemical agent. Buyer shall provide Seller with reasonable advance notice of the dates for starting and ending the Freeze Treatment, and the temperature to which Buyer requests Freeze Treatment (e.g., 10°F below the expected low temperature), for Seller’s use in determining application rates. Seller shall invoice Buyer monthly in accordance with Section 7.1 for the cost of the Freeze Treatment provided by Seller, which shall be equal to (a) (i) Seller’s actual cost per gallon for the chemical agent used, multiplied by (ii) the gallons of chemical agent applied to each Shipment of coal hereunder during the prior calendar month, plus (b) an application fee of [**] of the total cost determined pursuant to subparagraph (a) of this Section 4.4.