Replacement Coal Sample Clauses

Replacement Coal. Buyer reserves the right to purchase replacement coal from other sources in the quantity that Seller claims as excused due to Force Majeure. Seller reserves the right to sell Coal to other purchasers in the quantity that Xxxxx claims as excused due to Force Majeure. Buyer also reserves the right to purchase replacement coal from other sources in the quantity that Xxxxx claims as excused for Force Majeure due to Buyer’s Transporter’s failure to perform. Buyer shall request that Seller agree to make-up such excused Coal within the Buyer’s time frame requirements before Buyer may seek to purchase such replacement coal.
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Replacement Coal. 27 6.6 Coal Handling or Operating Problems................................................... 28 6.7 Adjustment of Price for New Specifications............................................ 30 6.8
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Replacement Coal. Keystone may purchase replacement coal in reasonable purchase quantities to cover suspended or rejected Shipments under the following circumstances, and in each case, Seller shall reimburse Keystone for the excess of the costs reasonably incurred by Keystone in connection with the purchase of replacement coal over the costs that otherwise would have been incurred in connection with the purchase of coal under the terms of this Agreement: (a) Seller fails to replace a Shipment of coal which has been rejected by Keystone pursuant to Section 6.3 because it is Rejection Point Coal, (b) Keystone has suspended further shipments by Seller pursuant to Section 6.4 or 6.6(a), or (c) Seller fails to deliver any Shipment of coal for reasons other than Force Majeure within three days of the delivery date specified for such Shipment pursuant to Section 4.3, provided that if Seller * CONFIDENTIAL MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. BRACKETS AND UNDERSCORES DENOTE SUCH OMISSIONS. notifies Keystone of its intent to provide a replacement shipment of coal pursuant to Section 6.3, such failure period shall be 7 days.
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Replacement Coal. In the event that PURCHASER terminates this Agreement under Section 7.4(a), 7.4(c), 7.5(a), or 10.1, then PURCHASER may buy replacement coal and hold SELLER liable for the cost of replacement coal under the following circumstances and conditions: (a) PURCHASER shall first determine the remaining quantity of coal to be supplied under this Agreement (calculated according to the quantities set forth in Section 6.1, as reduced where appropriate under Section 6.3) as of the effective date of termination ("Remaining Quantity") and shall give SELLER written notice of the Remaining Quantity. PURCHASER may then buy, from time to time, replacement coal (of similar, but not exactly the same, quality) from one or more third parties in an amount up to (but not exceeding) the amount of the Remaining Quantity and arrange to have such replacement coal supplied at such times as PURCHASER deems appropriate prior to December 31, 2006. (b) SELLER shall be liable to PURCHASER for the difference between (i) the actual delivered cost incurred by PURCHASER (including, without limitation, the costs of transportation, SO2 emission allowances. NOx emission allowances, and taxes) to obtain such replacement coal and (ii) the delivered cost of SELLER's coal (including, without limitation, the costs of transportation, SO2 emission allowances, NOx emission allowances, and taxes) as of the effective date of termination. SELLER shall also be liable to PURCHASER for charges and costs related to such termination as provided in Section 7.6. (c) After PURCHASER has determined the amounts for which SELLER is liable under Section 7.7(b), PURCHASER shall promptly prepare and submit to SELLER an invoice for such amounts. SELLER shall pay the amounts reflected in such invoice within fourteen days after SELLER has received such invoice. If SELLER fails to pay such amounts within such fourteen-day period, PURCHASER may immediately set off such amounts against, and deduct such amounts from, one or more payments due from PURCHASER to SELLER or SALES AGENT under this Agreement. PURCHASER may retain all sums deducted from such payments pursuant to this Section 7.7(c) as satisfaction of the amounts owed by SELLER to PURCHASER under Section 7.7(b) and may recover any remaining amounts from SELLER as provided by law. (d) The provisions of Section 7.7 shall survive the termination or expiration of this Agreement.
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Replacement Coal. 24 Section 8: Weighing and Sampling.............................................24 8.1
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Replacement Coal. Keystone may purchase replacement coal in reasonable purchase quantities to cover suspended or rejected Shipments under the following circumstances, and in each case, Seller shall reimburse Keystone for the excess of the costs reasonably incurred by Keystone in connection with the purchase of replacement coal over the costs that otherwise would have been incurred in connection with the purchase of coal under the terms of this Agreement: (a) Seller fails to replace a Shipment of coal which has been rejected by Keystone pursuant to Section 6.3 because it is Rejection Point Coal, (b) Keystone has suspended further shipments by Seller pursuant to Section 6.4 or 6.6(a), or (c) Seller fails to deliver any Shipment of coal for reasons other than Force Majeure within three days of the delivery date specified for such Shipment pursuant to Section 4.3, provided that if Seller notifies Keystone of its intent to provide a replacement shipment of coal pursuant to Section 6.3, such failure period shall be 7 days.
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Related to Replacement Coal

  • Replacement Parts Replacement parts for goods purchased by Buyer are for the purpose of this Section defined as “Parts” (and are also considered “goods” under this Order). Unless specified otherwise by Buyer in writing, Supplier shall provide Parts (or upon Buyer’s written consent, an alternative replacement part that provides the same form, fit and function as the Part(s)) for a period of twenty (20) years after production of the goods (into which the applicable Parts are incorporated) ceases. Supplier shall continue to supply such Parts past the twenty (20) year period if Buyer orders at least twenty (20) Parts per year during such twenty-year period. The prices for any Parts purchased in the first two (2) years of the twenty-year period shall not exceed those prices in effect at the time production of the goods ceases, and no set up charges shall be permitted by Supplier or paid by Xxxxx during this two-year period. Thereafter, the prices for Parts shall be negotiated based on Supplier’s actual cost of production of such Parts plus any special packaging costs. No minimum order requirements shall apply unless the parties mutually agree in advance. After the end of the twenty-year period, Supplier shall continue to maintain in good working condition all Supplier-owned tooling required to produce the Parts and shall not dispose of such tooling without offering Buyer the right of first refusal to purchase such tooling.

  • Replacement of Lost Investments In the event of a loss of Investments for which the Custodian is responsible under the terms of this Agreement, the Custodian shall replace such Investment, or in the event that such replacement cannot be effected, the Custodian shall pay to the Fund the fair market value of such Investment based on the last available price as of the close of business in the relevant market on the date that a claim was first made to the Custodian with respect to such loss, or, if less, such other amount as shall be agreed by the parties as the date for settlement.

  • Additional Equipment Additional Equipment may from time to time be added as the subject matter of this Agreement as agreed on by the parties. Any additional property will be added in an amendment describing the property, the monthly rental, security deposit, and stipulated loss value of the additional Equipment. All amendments must be in writing and signed by both parties. Other than by this amendment procedure, this Agreement may not be amended, modified, or altered in any manner except in writing signed by both parties.

  • Replacement Parts Warranty If during the regular or extended warranty period’s faults develop, the Contractor shall promptly repair or, upon demand, replace the defective unit or component part affected. All costs for labor and material and transportation incurred to repair or replace defective Product during the warranty period shall be borne solely by the Contractor, and the State or Authorized User shall in no event be liable or responsible therefor. Any part of component replaced by the Contractor under the Contract warranty shall be replaced at no cost to the Authorized User and guaranteed for the greater of: a) the warranty period under paragraph (d) above; or b) if a separate warranty for that part or component is generally offered by the manufacturer, the standard commercial warranty period offered by the manufacturer for the individual part or component.

  • Replacement Provider In the event the Agreement (or any portion thereof) is terminated in accordance with this Article II, the Sellers shall be responsible for engaging one or more qualified replacement providers of the Services of the Serviced Appointments that are subject to such termination (each, a “Replacement Provider”), which may be any Seller, any other member of the Seller Group or any third party acceptable to the Sellers. Upon request by the Sellers, the Purchasers shall provide the Sellers with reasonable assistance in marketing the Services subject to such termination to potential third party Replacement Providers, including by providing any information reasonably requested by the Sellers; provided, that any potential third party Replacement Provider shall have executed a customary confidentiality agreement before any confidential information of the Purchasers is disclosed by the Sellers to such potential third party Replacement Provider.

  • Replacement of Manager If at any time after any Action is brought the Manager settles the Action on a basis that results in the settlement of such Action against it and fewer than all the Underwriters (whether or not such settlement complies with Section 9.7 hereof), the Manager will, at such time, for purposes of Sections 9.3, 9.4, 9.5, 9.6, and 9.7 hereof, cease to be the Manager. The non-settling Underwriters will, by vote of holders of a majority of the Underwriting Percentage of such non-settling Underwriters, select a new Manager, which will become the new “Manager” for all purposes of Sections 9.3, 9.4., 9.5, 9.6, and 9.7 hereof as well as this section; provided that the non-settling Underwriter(s) with the largest Underwriting Percentage will act as Manager until such vote occurs and a new Manager is selected. 4 Notwithstanding such a settlement, the Manager and the other settling Underwriters will remain obligated to the non-settling Underwriters to assist and cooperate fully, in good faith, and at their own expense, in the defense of any Actions, including, without limitation, by providing, upon reasonable request of any non-settling Underwriter, and without the necessity of court process, access to or copies of all relevant records, and reasonable access to all witnesses under control of the Manager or the other settling Underwriters, for the purpose of interviews, depositions, and testimony at trial, subject in each case to the applicable legal and procedural obligations of such Manager and such other settling Underwriter. In addition, if at any time, the Manager is unwilling or unable for any reason to assume or discharge its duties as Manager under the applicable AAU, whether resulting from its insolvency (voluntary or involuntary), resignation or otherwise, to the extent permitted by applicable law, the remaining Underwriters will, by vote of holders of a majority of the Underwriting Percentage of such Underwriters, be entitled to select a new Manager, which will become the new Manager for all purposes under this Agreement. 5 Notwithstanding the foregoing, a Manager replaced pursuant to this Section 9.9 shall continue to benefit from and be subject to all other terms and conditions of this Agreement applicable to an Underwriter.

  • Electrical Equipment Residents must use only CSA, UL-approved or Canadian-certified electrical equipment; the rated wattage of light fixtures must never be exceeded; and only replacement bulbs supplied by Waterloo maintenance staff may be used. Do not leave any unattended electrical equipment turned on (i.e. hair straighteners, lights etc.)

  • Replacement of the L/C Issuer The L/C Issuer may be replaced at any time by written agreement between the Borrower, the Administrative Agent, the replaced L/C Issuer and the successor L/C Issuer. The Administrative Agent shall notify the Lenders of any such replacement of the L/C Issuer. At the time any such replacement shall become effective, the Borrower shall pay all unpaid fees accrued for the account of the replaced L/C Issuer pursuant to Section 2.03(m). From and after the effective date of any such replacement, (i) the successor L/C Issuer shall have all the rights and obligations of an L/C Issuer under this Agreement with respect to Letters of Credit to be issued by it thereafter and (ii) references herein to the term “L/C Issuer” shall be deemed to include such successor or any previous L/C Issuer, or such successor and all previous L/C Issuer, as the context shall require. After the replacement of the L/C Issuer hereunder, the replaced L/C Issuer shall remain a party hereto and shall continue to have all the rights and obligations of an L/C Issuer under this Agreement with respect to Letters of Credit issued by it prior to such replacement, but shall not be required to issue additional Letters of Credit.

  • Capital Equipment Collaborator’s commitment, if any, to provide ICD with capital equipment to enable the research and development activities under the Research Plan appears in Appendix B. If Collaborator transfers to ICD the capital equipment or provides funds for ICD to purchase it, then ICD will own the equipment. If Collaborator loans capital equipment to ICD for use during the CRADA, Collaborator will be responsible for paying all costs and fees associated with the transport, installation, maintenance, repair, removal, or disposal of the equipment, and ICD will not be liable for any damage to the equipment.

  • Replacement of Key Personnel The Engineer must notify the State in writing as soon as possible, but no later than three business days after a project manager or other key personnel is removed from association with this contract, giving the reason for removal.

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