Common use of Rejection of Coal Clause in Contracts

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.

Rejection of Coal. Any Shipment of coal which does not conform to each Mine Mouth Rejection Specification Limit as set forth in Section 6.2 Exhibit 6.1 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 ICL 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 12 hours after receipt of the Independent Laboratory's Rail Sample analysis of the Shipment of coal in question given pursuant to Section l0.3(a)11.3. In the event lieu of a delay in the delivery of the Independent Laboratory's Rail Sample analysis of a Shipmentrejecting Rejection Point Coal, Seller ICL may elect to proceed with accept delivery thereof on terms mutually agreeable to 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 Parties in which event such Shipment shall be determinative of Keystone's right to reject such Shipment. Keystone is not obligated to unload count as a rejected 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 6.2for any purpose under this Agreement, or (ii) Keystone has accepted such Shipment. Keystone may not reject any Shipment of coal after it has accepted or unloaded such Shipmentincluding quality averages. If a rejected Shipment of Rejection Point Coal has reached the Point of Delivery and has not been accepted or unloaded by Keystonebefore the expiration of the 12 hour period during which ICL may reject a Shipment, then Seller shall cause such Shipment of Rejection Point Coal coal to be removed from the Point of Delivery Site within three days after notice of such rejection, and Seller shall be responsible for all costs of such removal. If a Shipment of Rejection Point Coal coal is rejected by KeystoneICL, then Seller shall use its reasonable best efforts to deliver cause a replacement Shipment of coal which meets Rejection Limits to be loaded within seven five days of such rejection. If two Shipments of coal are rejected by ICL during any three month period, and be responsible Seller fails to load replacement Shipments for all costs both Shipments as specified above, ICL may suspend delivery of deliveryfurther Shipments pending receipt of Adequate Assurances that future Shipments will comply with the Rejection Limits. If such Adequate Assurances are not received within 30 days after receiving notice of suspension from ICL, Seller shall have committed a Default as specified in Section 14.1. Seller shall have no obligation to replace Shipments of Rejection Point Coal which are accepted by ICL on terms mutually agreeable to the Parties.

Rejection of Coal. Any Shipment Buyer shall have the right to refuse and reject any coal shipment, (a) which contains excessive amounts of extraneous material, (b) that the coal was or is being mined or produced from a seam or source other than the coal property described in the Coal Sales Proposal and/or Purchase Order without securing prior written approval of Buyer, (c) which is delivered in equipment other than as specified herein, (d) does not conform to each Mine Mouth Rejection Specification the rejection specifications as agreed upon by the Parties or (e) shipment fails to comply with the coal size rejection specifications. If a shipment or a portion of a shipment is rejected, Buyer, in its sole discretion shall be entitled to receive a credit or refund from Seller for freight costs and any other costs borne by Buyer for such rejected shipment. If, however, for any reason Buyer unloads any such coal shipment, Xxxxxx agrees to pay for all extra costs of the unloading and handling. If a Shipment triggered by rejection limits is rightfully rejected by Xxxxx, disposal of the Shipment shall be for Seller’s account. Title to all coal rejected by Xxxxx, if already passed, shall revert to the Seller. If a shipment or a portion of a shipment is rejected, Buyer, in its sole discretion shall be entitled to receive a credit or refund from Seller for freight costs and any other costs borne by Buyer for such rejected shipment. If, however, for any reason Buyer unloads any such coal shipment, Xxxxxx agrees to pay for all extra costs of the unloading and handling. In addition to and not a limitation upon its termination rights, Buyer shall have the right to reject any Shipment should the quality of coal of that Shipment by composite analysis which provides more details than a short proximate analysis shows failure to comply with the rejection limits for other specifications as set forth in Section 6.2 the Coal Quality schedule. Buyer 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 give prompt written notice to Seller by telephone, confirmed in writing. Any such notice of any 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)Shipments hereunder. In the event that Buyer rejects any coal, Seller shall immediately remove said coal from Buyer's facilities or from transportation equipment at Seller's expense and shall reimburse Buyer all its costs and expenses, including transportation cost or Buyer’s imputed equipment lease cost, incurred in connection with the coal, all of a delay which costs Buyer may deduct from any sum owed by Buyer to Seller. If coal delivered hereunder does not satisfy the Guaranteed Shipment Average specifications for two consecutive Shipments such as it exceeds the maximum or minimum Guaranteed Shipment Average specifications in the delivery of entire coal spec with great weight focused on Heat Content (Btu/lb.), Ash, Moisture, Chlorine, Mercury and Sulfur, by more than the Independent Laboratory's Rail Sample analysis of a Shipmentrepeatability limit for the same specifications, Seller may elect to proceed with then Buyer shall have 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 Shipmentsuspend further deliveries by notice to Seller. Keystone If Seller is not obligated unable to unload a Shipment provide adequate assurances to Buyer within thirty (30) days following Purchaser’s notice that all future deliveries of coal until either (i) Keystone has received will satisfy 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 Keystonespecification, then Seller shall cause such Shipment Buyer may rescind the suspension or Buyer may terminate this Agreement automatically without further liability or obligation 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 deliveryeither Party.

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 ---------------------- (3) Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission (the "Commission"). The omitted portions, marked by "[*]", have been filed separately with the Commission. analysis of the Shipment of coal in question pursuant to Section l0.3(a10.3(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 (iI) 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.