Common use of Notices and Information Clause in Contracts

Notices and Information. To the extent certain provisions of the Exhibit A Terms require that the “Buyer” or the “Seller” provide the other with notice within a period of two (2) business days or less, for purposes of incorporating such requirement into this Agreement, each party hereto shall use commercially reasonable efforts to promptly relay such notice to the other party, taking into consideration the notice requirement under the Exhibit A Terms. In all other situations under the Exhibit A Terms requiring the “Buyer” to provide notice or information to the “Seller” within a period of time greater than two (2) business days, for purposes of incorporating such requirement into this Agreement, such period of time shall be extended by two (2) business days to account for the possibility that End Customer(s) may not provide such notice or information to COALSALES II under the End Customer Contract(s) until the end of the specified period, provided, however, that upon receipt of any notice given by End Customer, COALSALES II will use commercially reasonable efforts to promptly forward such notice to Patriot. Likewise, except for any provisions under the Exhibit A Terms requiring two (2) business days’ or less notice, whenever the Exhibit A Terms require the “Seller” to provide notice or information to the “Buyer” within a specified period of time, for purposes of incorporating such requirement into this Agreement, such period of time shall be shortened by two (2) business days to enable COALSALES II sufficient time to provide the same notice or information to End Customer(s) under the End Customer Contract(s).

Appears in 3 contracts

Samples: Coal Supply Agreement (Patriot Coal CORP), Coal Supply Agreement (Peabody Energy Corp), Coal Supply Agreement (Patriot Coal CORP)

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Notices and Information. To the extent certain provisions of the Exhibit Incorporated End Customer Contract relating to Quality A Terms coal require that the “Buyer” End Customer or the “Seller” COALSALES provide the other with notice within a period of two (2) business days or less, for purposes of incorporating such requirement into this Agreement, each party hereto shall use commercially reasonable efforts to promptly relay such notice to the other party, taking into consideration the notice requirement under the Exhibit A TermsIncorporated End Customer Contract. In all other situations under the Exhibit A Terms Incorporated End Customer Contract requiring the “Buyer” End Customer to provide notice or information to the “Seller” COALSALES within a period of time greater than two (2) business days, for purposes of incorporating such requirement into this Agreement, such period of time shall be extended by two (2) business days to account for the possibility that End Customer(s) Customer may not provide such notice or information to COALSALES II under the End Customer Contract(s) until the end of the specified period, provided, however, that upon receipt of any notice given by End Customer, COALSALES II will use commercially reasonable efforts to promptly forward such notice to Patriot. Likewise, except for any provisions under the Exhibit A Terms Incorporated End Customer Contract requiring two (2) business days’ or less notice, whenever the Exhibit A Terms require the “Seller” Incorporated End Customer Contract requires COALSALES to provide notice or information to the “Buyer” End Customer within a specified period of time, for purposes of incorporating such requirement into this Agreement, such period of time shall be shortened by two (2) business days to enable COALSALES II sufficient time to provide the same notice or information to End Customer(s) Customer under the End Customer Contract(s)Contract.

Appears in 3 contracts

Samples: Coal Supply Agreement (Patriot Coal CORP), Coal Supply Agreement (Patriot Coal CORP), Coal Supply Agreement (Patriot Coal CORP)

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Notices and Information. To the extent certain provisions of the Exhibit A Terms require that the “Buyer” or the “Seller” provide the other with notice within a period of two (2) business days or less, for purposes of incorporating such requirement into this Agreement, each party hereto shall use commercially reasonable efforts to promptly relay such notice to the other party, taking into consideration the notice requirement under the Exhibit A Terms. In all other situations under the Exhibit A Terms requiring the “Buyer” to provide notice or information to the “Seller” within a period of time greater than two (2) business days, for purposes of incorporating such requirement into this Agreement, such period of time shall be extended by two (2) business days to account for the possibility that End Customer(s) Customer may not provide such notice or information to COALSALES II under the End Customer Contract(s) Contract until the end of the specified period, provided, however, that upon receipt of any notice given by End Customer, COALSALES II will use commercially reasonable efforts to promptly forward such notice to Patriot. Likewise, except for any provisions under the Exhibit A Terms requiring two (2) business days’ or less notice, whenever the Exhibit A Terms require the “Seller” to provide notice or information to the “Buyer” within a specified period of time, for purposes of incorporating such requirement into this Agreement, such period of time shall be shortened by two (2) business days to enable COALSALES II sufficient time to provide the same notice or information to End Customer(s) Customer under the End Customer Contract(s)Contract.

Appears in 1 contract

Samples: Coal Supply Agreement (Patriot Coal CORP)

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