Rejection of Coal Sample Clauses

Rejection of Coal. Any Shipment of coal which does not conform to each Mine Mouth Rejection Specification as set forth in Section 6.2 shall be deemed to be Rejection Point Coal. Seller shall take all practical precautions to prevent delivering Rejection Point Coal to Keystone and shall not knowingly deliver Rejection Point Coal to Keystone unless Keystone consents thereto on terms mutually agreeable. Keystone may reject any Shipment of coal which is Rejection Point Coal by notice to Seller by telephone, confirmed in writing. Any such notice of rejection shall be given within 24 hours after receipt of the Independent Laboratory's Rail Sample analysis of the Shipment of coal in question pursuant to Section l0.3(a). In the event of a delay in the delivery of the Independent Laboratory's Rail Sample analysis of a Shipment, Seller may elect to proceed with the delivery of such Shipment on the basis of Seller's Rail Sample analysis pursuant to Section 10.3(a); provided that the Independent Laboratory's Rail Sample analysis of such Shipment shall be determinative of Keystone's right to reject such Shipment. Keystone is not obligated to unload a Shipment of coal until either (i) Keystone has received the Independent Laboratory's Rail Sample analysis and such analysis satisfies the Rejection Specifications set forth in Section 6.2, or (ii) Keystone has accepted such Shipment. Keystone may not reject any Shipment of coal after it has accepted or unloaded such Shipment. If a Shipment of Rejection Point Coal has reached the Point of Delivery and has not been accepted or unloaded by Keystone, then Seller shall cause such Shipment of Rejection Point Coal to be removed from the Point of Delivery within three days after notice of such rejection, and Seller shall be responsible for all costs of removal. If a Shipment of Rejection Point Coal is rejected by Keystone, then Seller shall use its reasonable best efforts to deliver a replacement Shipment of coal within seven days and be responsible for all costs of delivery.
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Rejection of Coal. Subject to Section 7.2 if the Loading Point Certificate for any Consignment shows that one or more of the Rejection Parameters of such Consignment does not fall within the Acceptable Range of the Coal Specifications the Buyer shall notwithstanding anything to the contrary in this Agreement, be entitled to reject such Consignment of Non-
Sample 1

Related to Rejection of Coal

  • Rejection State Street reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of State Street's receipt of such payment order; (b) if initiating such payment order would cause State Street, in State Street's sole judgment, to exceed any volume, aggregate dollar, network, time, credit or similar limits upon wire transfers which are applicable to State Street; or (c) if State Street, in good faith, is unable to satisfy itself that the transaction has been properly authorized.

  • Acceptance and Rejection a. Buyer shall accept the Services or give Seller notice of rejection within a reasonable time after the date of delivery. No payment, prior test, inspection, passage of title, any failure or delay in performing any of the foregoing, or failure to discover any defect or other nonconformance shall relieve Seller of any obligations under this Contract or impair any rights or remedies of Buyer.

  • Notification of Changes Subscriber agrees and covenants to notify the Company immediately upon the occurrence of any event prior to the consummation of this Offering that would cause any representation, warranty, covenant or other statement contained in this Agreement to be false or incorrect or of any change in any statement made herein occurring prior to the consummation of this Offering.

  • Acceptance or Rejection (a) The undersigned understands and agrees that the Company reserves the right to reject this subscription for the Shares if, in its reasonable judgment, it deems such action in the best interest of the Company, at any time prior to the Closing, notwithstanding prior receipt by the undersigned of notice of acceptance of the undersigned's subscription.

  • Termination of Offering or Rejection of Subscription 3.1In the event that (a) the Company does not effect the Closing on or before the date which is one year from the Offering being qualified by the U.S. Securities and Exchange Commission (the “SEC”), which period may be extended for an additional six months by the Manager in its sole discretion, or (b) the Offering is terminated by the Manager in its sole discretion, the Company will cause the Escrow Agent to refund the Subscription Price paid by the Purchaser, without deduction, offset or interest accrued thereon and this Subscription Agreement shall thereafter be of no further force or effect.

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