SALES AGENCIES Sample Clauses

SALES AGENCIES. 1.1 XXXXXXX hereby appoints COALSALES, and COALSALES hereby accepts the appointment, to act as Xxxxxxx’x agent for the sale of coal (subject to the procedures under Article Two) from the XXXXXXX Reserves which is to be sold in domestic markets. 1.2 It is further expressly understood that while COALSALES will sell coal produced, owned, or marketed by companies other than XXXXXXX and will also act as agent for such other companies in the sale of their coal, COALSALES shall give fair representation in accordance with industry trade practices and customs to XXXXXXX at all times and will, where the coal quality and rail access requirements of a potential purchaser can be satisfied by XXXXXXX’x coal from the XXXXXXX Reserves and COALSALES has no superior obligation to any other company which it represents, due to a previously executed representation agreement, give preference to XXXXXXX’x coal from the XXXXXXX Reserves.
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SALES AGENCIES. 1.1 XXXXXXX hereby appoints COALSALES, and COALSALES hereby accepts the appointment, to act as Xxxxxxx’x agent for the sale of coal (subject to the procedures under Article Two) from the XXXXXXX Reserves which is to be sold in domestic markets. 1.2 It is further expressly understood that while COALSALES will sell coal produced, owned, or marketed by companies other than XXXXXXX and will also act as agent for such other companies in the sale of their coal, COALSALES shall give fair representation in accordance with industry trade practices and customs to XXXXXXX at all times and will, where the coal quality and rail access requirements of a potential purchaser can be satisfied by XXXXXXX’x coal from the XXXXXXX Reserves and COALSALES has no superior obligation to any other company which it represents, due to a previously executed representation agreement, give preference to XXXXXXX’x coal from the XXXXXXX Reserves. 1.3 XXXXXXX and its affiliates hereby represent and warrant to COALSALES that there is no current sales representation agreement between XXXXXXX and any other third party with respect to the XXXXXXX Reserves and XXXXXXX and its affiliates, hereby agree not to enter into any other new sales representation agreement with respect to the XXXXXXX Reserves that would prevent COALSALES from receiving its commission described in section 2.2. 1.4 The relationship of XXXXXXX and COALSALES shall be that of an independent contractor, and nothing contained in this Agreement shall be construed or interpreted as: (i) establishing a relationship of partners, co-owners or otherwise as participants in a joint venture; (ii) creating a franchisor-franchisee or employer-employee relationship; (iii) constituting XXXXXXX, its respective agents or employees as the agents or employees of COALSALES or to grant to XXXXXXX any power or authority to act for, bind or otherwise create or assume any obligation on behalf of COALSALES; or (iv) constituting COALSALES, its agents or employees as the agents or employees of any of XXXXXXX (except for the appointment as sales agent as set forth herein) or to grant to COALSALES any power or authority to act for, bind or otherwise create or assume any obligation on behalf of XXXXXXX. All offers, proposals and other submissions to customers by COALSALES in its sales agent capacity shall be subject to acceptance of such offer or proposal by XXXXXXX.
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Related to SALES AGENCIES

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