Common use of Replacement Coal Clause in Contracts

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.