Common use of Rail Clause in Contracts

Rail. Seller shall load Coal that is to be delivered hereunder into railcars provided by Buyer, or its agent, at the Designated Delivery Point(s) listed on the Confirmation. Requests for any additional rail shipping origin(s) shall be proposed by Seller in writing and shall be subject to Buyer’s written approval. Such approval shall be subject to Buyer’s reasonable discretion. Except when in conflict with provisions of this Agreement or a Confirmation, (in which case, such provisions shall control), the loading at the shipping origin(s) shall be accomplished according to the standard tariff or contract agreements governing such operations between the Buyer and railroad, including but not limited to free time and demurrage charges. Buyer shall not be responsible for any charges assessed at the shipping origin(s) by railroad due to the fault of Seller including, but not limited to, charges for detention, overloading, underloading, or hot Coal (as determined by the railroad). Seller shall not have the right to ship Coal to be delivered under this Agreement or a Confirmation from any rail shipping origin(s) other than the Designated Delivery Point(s) unless Seller shall first have obtained Buyer's written approval of such additional shipping origin. Such written approval shall be subject to Buyer's sole discretion, and upon Seller's agreement to pay any increased transportation cost differential (based on railroad-provided cars) that would be incurred by Buyer (any decreased transportation cost differential shall be to Buyer's benefit) if Shipments were made from such proposed rail shipping origin as compared to the Designated Delivery Point.. Seller shall cause the loadings hereunder to be tendered in unit trainload lot Shipments of not less than ninety (90) railcars each, shall be loaded to a minimum weight equal to ninety-eight percent (98%) of the total of the marked load limit of all the cars in the unit train, and shall be loaded in not more than four (4) hours from the Designated Delivery Point(s); provided, however, that subject to the provisions hereinafter, Seller may tender trainload lot Shipments of less than ninety (90) railcars from a Designated Delivery Point(s) that is otherwise not capable of loading trainload lot Shipments of ninety

Rail. Seller shall load Coal that is to be delivered hereunder into railcars provided by BuyerXxxxx, or its agent, at the Designated Delivery Point(s) listed on the Confirmation. Requests for any additional rail shipping origin(s) shall be proposed by Seller in writing and shall be subject to Buyer’s written approval. Such approval shall be subject to BuyerXxxxx’s reasonable discretion. Except when in conflict with provisions of this Agreement or a Confirmation, (in which case, such provisions shall control), the loading at the shipping origin(s) shall be accomplished according to the standard tariff or contract agreements governing such operations between the Buyer and railroad, including but not limited to free time and demurrage charges. Buyer shall not be responsible for any charges assessed at the shipping origin(s) by railroad due to the fault of Seller including, but not limited to, charges for detention, overloading, underloading, or hot Coal (as determined by the railroad). Seller shall not have the right to ship Coal to be delivered under this Agreement or a Confirmation from any rail shipping origin(s) other than the Designated Delivery Point(s) unless Seller shall first have obtained Buyer's written approval of such additional shipping origin. Such written approval shall be subject to BuyerXxxxx's sole discretion, and upon Seller's agreement to pay any increased transportation cost differential (based on railroad-provided cars) that would be incurred by Buyer (any decreased transportation cost differential shall be to Buyer's benefit) if Shipments were made from such proposed rail shipping origin as compared to the Designated Delivery Point.. Seller shall cause the loadings hereunder to be tendered in unit trainload lot Shipments of not less than ninety (90) railcars each, shall be loaded to a minimum weight equal to ninety-eight percent (98%) of the total of the marked load limit of all the cars in the unit train, and shall be loaded in not more than four (4) hours from the Designated Delivery Point(s); provided, however, that subject to the provisions hereinafter, Seller may tender trainload lot Shipments of less than ninety (90) railcars from a Designated Delivery Point(s) that is otherwise not capable of loading trainload lot Shipments of ninety