Common use of General Force Majeure Clause in Contracts

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to acts of God, war, riots, civil insurrection, acts of the public enemy, strikes, lockouts, fires, floods or earthquakes, which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event which affects the Seller’s ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. Tonnage deficiencies resulting from a force majeure event shall be made up at Buyer’s sole option on a reasonable schedule; provided, however, Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure event.

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to acts of God, war, riots, civil insurrection, acts of the public enemy, strikes, lockouts, fires, floods or earthquakes, which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event which affects the Seller’s ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. During any period in which Buyer’s ability to perform hereunder is affected by a force majeure event, Buyer shall not purchase any coal from any other sellers from whom Buyer’s ability to purchase is similarly affected; and further shall purchase from Seller under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments from all its sellers to whom Seller’s ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. Tonnage deficiencies resulting from a force majeure event shall be made up at Buyer’s sole option on a reasonable schedule; provided, however, Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure event.

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to acts of God, war, riots, civil insurrection, acts of the public enemy, strikes, lockouts, fires, floods or earthquakes, which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s 's ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event in place at the CONTRACT #00-000-000 beginning of the force majeure event. An event which affects the Seller’s 's ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. Tonnage deficiencies resulting from a force majeure event shall be made up at Buyer’s 's sole option on a reasonable schedule; provided, however, Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure event.

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to acts of God, war, riots, civil insurrection, acts of the public enemy, strikes, lockouts, fires, floods or earthquakes, which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event which affects the Seller’s ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. Tonnage deficiencies resulting from a force majeure event shall be made up at Buyer’s sole option on a reasonable mutually agreeable schedule; provided, however, Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure event.

General Force Majeure. If either party hereto Buyer or Seller is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to (i) acts of God, (ii) war, (iii) riots, (iv) civil insurrection, (v) acts of the public enemy, (vi) strikes, (vii) lockouts, (viii) fires, floods or (ix) floods, (x) earthquakes, (xi) explosions, (xii) mine accidents that are solely responsible for delaying or preventing performance of Seller, (xiii) breakdown of or damage to equipment, plant, transmission systems, or transportation providers that is solely responsible for delaying or preventing the performance of Seller, (xiv) unforeseen adverse geologic conditions which were not detected despite prudent mine planning and mining processes and which are solely responsible for delaying or preventing the performance of Seller, or (xv) the inability to obtain necessary mining permit(s) after applying for such with prudent and reasonable diligence, and such event is beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid CONTRACT #LGE02014 and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s 's ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event which If any of the events listed above affects the Seller’s 's ability to produce or obtain coal from a affiliate mine other than the Coal Property will not operations and/or substitute coal sources which are supplying coal hereunder, such events shall be considered a force majeure event hereunder. If tonnage deficiencies result from Seller's declared force majeure event, such deficiencies shall be made up at Buyer's sole option on a mutually agreed-upon schedule. Tonnage deficiencies resulting from a Buyer's declared force majeure event shall be made up at Buyer’s Seller's sole option on a reasonable mutually agreed-upon schedule; provided, however. If a force majeure event for Seller continues or is reasonably anticipated to continue for sixty (60) days or longer, Buyer shall be required to provide may, upon written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure eventSeller, terminate this Agreement.

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement Agreement, in whole or in part, due to acts of God, war, riots, civil insurrection, acts of the public enemy, inability to obtain permits after applying for same with reasonable diligence, strikes, lockouts, fires, floods or earthquakes, or other causes of a similar nature, which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable after the occurrence of the nature and force majeure event. Such written notice shall include the probable duration and the nature of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. Notwithstanding anything herein to the contrary, the parties acknowledge that for purposes of application of this Section 10 FORCE MAJEURE, the basis for Seller's claim of Force Majeure shall be the particular source or sources identified under Section 4 which are affected by a Force Majeure event and from which Seller is supplying coal to Buyer at the time of such event. Upon the occurrence of a Force Majeure event affecting such particular source or sources from which Seller is supplying coal to Buyer, Seller shall not be obligated to supply coal from any other source. During any period in which Seller’s 's ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event which affects the Seller’s 's ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. Tonnage deficiencies resulting from a Seller's force majeure event shall be made up at Buyer’s 's sole option on a reasonable mutually agreeable schedule; providedtonnage deficiencies resulting from ARCH COAL SALES CO., however, Buyer INC. KU Contract # KUF02849 Buyer's force majeure event shall be required to provide written notice to seller of its intent to require Seller to make made up such deliveries within 90 days of the cessation of the force majeure eventat Seller's sole option on a mutually agreeable schedule.

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to acts of God, war, riots, civil insurrection, acts of the public enemy, strikes, lockouts, fires, floods or earthquakes, which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s 's ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event which affects the Seller’s 's ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. Tonnage deficiencies resulting from a force majeure event shall be made up at Buyer’s 's sole option on a reasonable mutually agreeable schedule; provided, however, Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure event.

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to acts of God, war, riots, civil insurrection, acts of the public enemy, strikes, lockouts, failure of a piece of Seller's equipment known as the 1370 Bucyrus Erie drag-line for at least 30 consecutive days, failure of Norfolk Southern Railway Corporation ("NS") to transport the coal from the Delivery Point for any reason other than Buyer's breach of its agreement with NS, fires, floods or earthquakes, which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s 's ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s 's ability to supply is CONTRACT #00-000-000 similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event which affects the Seller’s 's ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. Tonnage deficiencies resulting from a force majeure event shall be made up at Buyer’s 's sole option on a reasonable schedule; provided, however, Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure event.

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to acts of God, war, riots, civil insurrection, acts of the public enemy, strikes, lockouts, fires, floods or earthquakes, which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s ability to perform hereunder is affected by a Producer’s force majeure event, Seller shall require Producer to not deliver any coal to any other buyers to whom SellerProducer’s ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event which affects the SellerProducer’s ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. Tonnage deficiencies resulting from a force majeure event shall be made up at Buyer’s sole option only upon mutual agreement of Buyer and Seller, on the basis of a reasonable mutually agreeable shipping schedule; provided, however, Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure event.

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to acts of God, war, riots, civil insurrection, acts of the public enemy, strikes, labor disputes, lockouts, fires, explosions, floods or earthquakes, other severe weather conditions, damage to or breakdown of facilities, plant or equipment or other causes (whether of a similar or dissimilar nature), which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s 's ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this BLACK BEAUTY COAL COMPANY LG&E CONTRACT #LGE 02012 KU CONTRACT #KUF02857 Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event which affects the Seller’s 's ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. Tonnage deficiencies resulting from a force majeure event shall be made up at Buyer’s 's sole option on a reasonable mutually agreed upon schedule; provided, however, Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure event.

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due CONTRACT #00-000-000 to acts of God, war, riots, civil insurrection, acts of the public enemy, strikes, lockouts, fires, floods or earthquakes, which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s 's ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event which affects the Seller’s 's ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. Tonnage deficiencies resulting from a force majeure event shall be made up at Buyer’s 's sole option on a reasonable schedule; provided, however, Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure event.. CONTRACT #00-000-000

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to acts CONSOL ENERGY INC. LG&E CONTRACT #LGE 00010 KU CONTRACT #KUF00731 of God, war, riots, civil insurrection, acts of the public enemy, strikes, labor disputes, lockouts, fires, explosions, floods or earthquakes, other severe weather conditions, damage to or breakdown of facilities, plant or equipment or other causes (whether of a similar or dissimilar nature), which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s 's ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event which affects the Seller’s 's ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. Tonnage deficiencies resulting from a force majeure event shall be made up at Buyer’s sole option on a reasonable schedule; provided, however, Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days only upon mutual agreement of the cessation of the force majeure event.parties. CONSOL ENERGY INC. LG&E CONTRACT #LGE 00010 KU CONTRACT #KUF00731

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to acts of God, war, riots, civil insurrection, acts of the public enemy, strikes, lockouts, fires, floods or earthquakes, which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event which affects the Seller’s ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. Tonnage deficiencies resulting from During any period in which Xxxxx’s ability to perform hereunder is affected by a force majeure event shall be made up at Buyer’s sole option on a reasonable schedule; provided, howeverevent, Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure event.not purchase any coal from any other sellers from whom Xxxxx’s 32

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to acts of God, war, riots, civil insurrection, acts of the public enemy, strikes, lockouts, fires, floods or earthquakes, which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s 's ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event CONTRACT #00-000-000 in place at the beginning of the force majeure event. An event which affects the Seller’s 's ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. During any period in which Buyer's ability to perform hereunder is affected by a force majeure event, Buyer shall not take delivery of any coal from any other sellers from whom Buyer's ability to take delivery is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall take delivery from Seller under this Agreement of at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its sellers from whom Buyer's ability to purchase is similarly affected by such force majeure event in place at the beginning of the force majeure event. Tonnage deficiencies resulting from a force majeure event shall be made up at Buyer’s sole option on a reasonable schedule; provided, however, by mutual agreement of Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure eventand Seller.

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to acts of God, war, riots, civil insurrection, acts of the public enemy, strikes, lockouts, fires, floods or earthquakes, or any similar events which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event which affects the Seller’s ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. Tonnage deficiencies resulting from Buyer’s force majeure event shall be made up at Seller’s sole option on a mutually agreeable schedule; tonnage deficiencies resulting from Seller’s force majeure event shall be made up at Buyer’s sole option on a reasonable mutually agreeable schedule; provided, however, Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure event.

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to acts of God, war, riots, civil insurrection, acts of the public enemy, strikes, lockouts, fires, floods or earthquakes, which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. CONTRACT #00-000-000 During any period in which Seller’s 's ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal from the Coal Property to any other buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event which affects the Seller’s 's ability to produce or obtain coal from a mine other than the Coal Property will not be considered a force majeure event hereunder. During any period in which Buyer's ability to perform hereunder is affected by a force majeure event, Buyer shall not take delivery of any coal from any other sellers from whom Buyer's ability to take delivery is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall take delivery from Seller under this Agreement of at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its sellers from whom Buyer's ability to take delivery is similarly affected by such force majeure event in place at the beginning of the force majeure event. Tonnage deficiencies resulting from a force majeure event shall may be made up at Buyer’s sole option by mutual agreement of Buyer and Seller on a reasonable schedule; provided, however, Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure event.. CONTRACT #00-000-000

General Force Majeure. If either party hereto is delayed in or prevented from performing any of its obligations or from utilizing the coal sold under this Agreement due to acts CONTRACT NO.: 00-000-000 of God, war, riots, civil insurrection, acts of the public enemy, strikes, lockouts, fires, floods or earthquakes, which are beyond the reasonable control and without the fault or negligence of the party affected thereby, then the obligations of both parties hereto shall be suspended to the extent made necessary by such event; provided that the affected party gives written notice to the other party as early as practicable of the nature and probable duration of the force majeure event. The party declaring force majeure shall exercise due diligence to avoid and shorten the force majeure event and will keep the other party advised as to the continuance of the force majeure event. During any period in which Seller’s 's ability to perform hereunder is affected by a force majeure event, Seller shall not deliver any coal to any other buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event unless contractually committed to do so at the beginning of the force majeure event; and further shall deliver to Buyer under this Agreement at least a pro pro-rata portion (on a per ton basis) of its total contractual commitments to all its buyers to whom Seller’s 's ability to supply is similarly affected by such force majeure event in place at the beginning of the force majeure event. An event During any period in which affects the Seller’s Buyer's ability to produce or obtain coal from a mine other than the Coal Property will not be considered perform hereunder is affected by a force majeure event, Buyer shall not purchase any coal from any other sellers from whom Buyer's ability to purchase is similarly affected by such force majeure event hereunderunless contractually committed to do so at the beginning of the force majeure event; and further shall purchase from Seller under this Agreement at least a pro-rata portion (on a per ton basis) of its total contractual commitments to all sellers from whom Buyer's ability to purchase is similarly affected by such force majeure event in place at the beginning of the force majeure event. CONTRACT NO.: 00-000-000 Tonnage deficiencies resulting from a force majeure event shall be made up at Buyer’s 's sole option on a reasonable schedule; provided, however, Buyer shall be required to provide written notice to seller of its intent to require Seller to make up such deliveries within 90 days of the cessation of the force majeure event.