NON-COMPLYING COAL Sample Clauses

NON-COMPLYING COAL. (a) In the event Seller delivers any Non-Complying Coal, Purchaser shall have the right: (i) to reject all or any portion of such Non-Complying Coal at any time prior to acceptance of any Coal Synfuel produced from such Non-Complying Coal by a Synfuel Purchaser (regardless of whether such Coal has been processed into Coal Synfuel or whether such Coal Synfuel has been delivered to any Synfuel Purchaser, neither of which events shall be deemed to constitute acceptance of such Coal by Purchaser; provided, however, that if Coal Synfuel is accepted by the Synfuel Purchaser, Purchaser shall be deemed to have accepted the Coal used to process such Coal Synfuel); and (ii) to suspend the receipt of any future quantities of Coal from Seller until Seller establishes to Purchaser's reasonable satisfaction that the Coal to be delivered under this Agreement will comply with the Quality Specifications. (b) Any rejected quantities of Non-Complying Coal will be redelivered to Seller, and Seller shall provide such assistance as Purchaser may reasonably request in such redelivery. Seller shall be responsible for all costs and expenses associated with such rejected and redelivered quantities. (c) Seller will not deliver any Coal to Purchaser that has already been processed into a synthetic fuel and will take all steps necessary to ensure that it does not deliver any Coal to Purchaser that has been processed into a synthetic fuel. (d) Purchaser's sole and exclusive remedies upon delivery of Non-Complying Coal by Seller shall be (i) to exercise its rights and remedies under this Section 2.10, (ii) to receive any applicable Quality Price Adjustments in respect of such Non-Complying Coal, and (iii) without duplication of the Quality Price Adjustments, to be Indemnified by Seller from and against any Claims asserted by Coal Synfuel Purchasers as a result of Purchaser's delivery to such Coal Synfuel Purchasers of Coal Synfuel that is produced from Non-Complying Coal.
Sample 1
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Related to NON-COMPLYING COAL

  • Non-Compliance 11.1 The provisions of 31 CFR Part 205.29 and 31 CFR Part 205.30 shall apply in cases of non-compliance with the terms of this Agreement.

  • Purchaser’s Compliance Nothing in this Section 4 shall affect in any way the Purchaser’s obligations and agreements to comply with all applicable securities laws upon resale of the Securities.

  • Non-Compliant Delivery Overshipments and/or early deliveries may be returned at Supplier’s sole expense, or DXC may delay processing the early delivery invoice until the Delivery Date.

  • Lessee Compliance Lessor shall not be required to tender possession of the Premises to Lessee until Lessee complies with its obligation to provide evidence of insurance (Paragraph 8.5). Pending delivery of such evidence, Lessee shall be required to perform all of its obligations under this Lease from and after the Start Date, including the payment of Rent, notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance. Further, if Lessee is required to perform any other conditions prior to or concurrent with the Start Date, the Start Date shall occur but Lessor may elect to withhold possession until such conditions are satisfied.

  • Contractor Compliance Contractor represents and warrants to pay, at its sole expense, for all applicable permits, licenses, tariffs, tolls and fees to give all notices and comply with all laws, ordinances, rules and regulations of any governmental entity in conjunction with the performance of obligations under the Contract. Prior to award and during the Contract term and any renewals thereof, Contractor must establish to the satisfaction of the Commissioner that it meets or exceeds all requirements of the Bid/Contract and any applicable laws, including but not limited to, permits, insurance coverage, licensing, proof of coverage for worker’s compensation, and shall provide such proof as required by the Commissioner. Failure to do so may constitute grounds for the Commissioner to cancel or suspend this Contract, in whole or in part, or to take any other action deemed necessary by the Commissioner.

  • Reporting Covenant Required Complies Quarterly consolidating financial statements Quarterly within 45 days Yes No Annual financial statement (CPA Audited) FYE within 150 days Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE within 45 days Yes No

  • Verifying compliance Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement.

  • Subscriber’s Compliance Nothing in this Section 4 shall affect in any way Subscriber’s obligations and agreements to comply with all applicable securities laws upon resale of the Securities.

  • Program Compliance The School Board shall be responsible for monitoring the program to provide technical assistance and to ensure program compliance.

  • OSHA Compliance To the extent applicable to the services to be performed under this Agreement, Contractor represents and warrants, that all articles and services furnished under this Agreement meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this Agreement.

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