Independent Contractor's Right to Sell Coal Sample Clauses

Independent Contractor's Right to Sell Coal. In the event AWVMC suspends its performance of this Agreement and refuses to accept Coal pursuant to Section 13.9 (b)(i) for more than 30 consecutive days, Independent Contractor shall have the right to attempt to sell Coal that it has produced but that AWVMC has not accepted pursuant to Section 13.9(b)(i); provided, however, Independent Contractor shall not enter into any agreements for the sale of Coal pursuant to this Section 5.6 without the prior express written consent of AWVMC, which consent may be withheld by AWVMC for any reason unless AWVMC is paid an amount equal to all of its processing, loading, stockpiling, general and administrative, and other costs and expenses associated with such Coal plus [*]5 per ton of such Clean Coal.
Sample 1
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Independent Contractor's Right to Sell Coal. In the event AWVMC suspends its performance of this Agreement and refuses to accept Coal pursuant to Section 13.9 (b)(i) for more than 30 consecutive days, Independent Contractor shall have the right to attempt
Sample 1
Independent Contractor's Right to Sell Coal. In the event AWVMC suspends its performance of this Agreement and refuses to accept Coal pursuant to Section 13.9 (b)(i) for more than 30 consecutive days, Independent Contractor shall have the right to attempt to sell Coal that it has produced but that AWVMC has not accepted pursuant to Section 13.9(b)(i); provided, however, Independent Contractor shall not enter into any agreements for the sale of Coal pursuant to this Section 5.6 without the prior express written consent of AWVMC, which consent may be withheld by AWVMC for any reason unless AWVMC is paid at least [*](1) per ton of Coal so sold by Independent Contractor. Section 5.7 Boundaries. Independent Contractor shall fully comply with all federal, state and local laws, regulations, rules, ordinances and the governmental permits regarding any matter relating to mining near the boundaries of the Premises. Notwithstanding the foregoing, however, Independent Contractor shall not, except with the prior written consent of AWVMC, mine any Coal within sixty (60) feet of the outside boundaries of the Premises or within two hundred (200) feet of any mine workings in or adjacent to the Premises, and Independent Contractor shall not cut any boundary corner on the Premises except with the prior written consent of AWVMC. In the event such consent is given by AWVMC, Independent Contractor shall use such precautions as are necessary to preserve and monument the location of such boundary corner as AWVMC may require.
Sample 1
Independent Contractor's Right to Sell Coal. In the event OWEC suspends its performance of this Agreement and refuses to accept Coal pursuant to Section 13.8 (b)(i) for more than 30 consecutive days, Independent Contractor shall have the right to attempt to sell Coal that it has produced but that OWEC has not accepted pursuant to Section 13.8(b)(i); provided, however, Independent Contractor shall not enter into any agreements for the sale of Coal pursuant to this Section 5.4 without the prior express written consent of OWEC, which consent may be withheld by OWEC for any reason.
Sample 1

Related to Independent Contractor's Right to Sell Coal

  • Independent Contractor Relationship Both parties hereto, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever.

  • Distributor Independent Contractor The Distributor shall be an independent contractor and neither the Distributor nor any of its officers or employees as such is or shall be an employee of the Trust. The Distributor is responsible for its own conduct and the employment, control and conduct of its agents and employees and for injury to such agents or employees or to others through its agents or employees. The Distributor assumes full responsibility for its agents and employees under applicable statutes and agrees to pay all employer taxes thereunder.

  • Independent Contractor; Authority Notwithstanding the Services provided by the Administrator pursuant to this Agreement, the Administrator shall be deemed to be an independent contractor with respect to the Services. The management, policies and operations of the Parties (including the ultimate approval of the making or disposition of the Painting by the Issuer or Masterworks Cayman, and the terms and conditions thereof) shall be the responsibility of the Parties other than the Administrator.

  • Independent Contractor Status The Sub-Adviser shall for all purposes hereof be deemed to be an independent contractor and shall, unless otherwise provided or authorized, have no authority to act for or represent the Trust or the Adviser in any way or otherwise be deemed an agent of the Fund or the Adviser.

  • Status as Independent Contractor The Advisor shall perform its services as an independent contractor and not as an employee of the Company or affiliate thereof. It is expressly understood and agreed to by the parties that the Advisor shall have no authority to act for, represent or bind the Company or any affiliate thereof in any manner, except as may be expressly agreed to by the Company in writing. In rendering such services, the Advisor will be acting solely pursuant to a contractual relationship on an arm’s-length basis. This Agreement is not intended to create a fiduciary relationship between the parties and neither the Advisor nor any of the Advisor’s officers, directors or personnel will owe any fiduciary duty to the Company or any other person in connection with any of the matters contemplated by this Agreement.

  • Delegation to Affiliates The Borrower and the Lenders agree that the Administrative Agent may delegate any of its duties under this Agreement to any of its Affiliates. Any such Affiliate (and such Affiliate’s directors, officers, agents and employees) which performs duties in connection with this Agreement shall be entitled to the same benefits of the indemnification, waiver and other protective provisions to which the Administrative Agent is entitled under Articles IX and X.

  • Right to Make Agreement Each party warrants, with respect to itself, that neither the execution of this Agreement, nor the consummation of any transaction contemplated hereby, shall violate any provision of any law, or any judgment, writ, injunction, order or decree of any court or governmental authority having jurisdiction over it; nor result in or constitute a breach or default under any indenture, contract, other commitment or restriction to which it is a party or by which it is bound; nor require any consent, vote or approval which has not been given or taken, or at the time of the transaction involved shall not have been given or taken. Each party covenants that it has and will continue to have throughout the term of this Agreement and any extensions thereof, the full right to enter into this Agreement and perform its obligations hereunder.

  • Capacity/Independent Contractor In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

  • City’s Right to Employ Other Consultants City reserves right to employ other consultants in connection with this Project.

  • INDEPENDENT CONTRACTOR; NO AGENCY Nothing in this Agreement will in any way be construed to render Influencer to be or to be construed as an agent, employee or representative of Brand. Influencer is and will perform the Services hereunder as an independent contractor. Influencer acknowledges and agrees that Influencer will not be eligible for any employee benefits (nor do they desire any of them) and expressly waives any entitlement to such benefits. Influencer further agrees to indemnify Brand and hold it harmless to the extent of any obligation imposed on Brand resulting from Influencer’s being determined not to be an independent contractor.

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