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.
Appears in 4 contracts
Samples: Formation and Transfer Agreement (Armstrong Coal Company, Inc.), Asset Purchase Agreement (Armstrong Coal Company, Inc.), Formation and Transfer Agreement (Armstrong Energy, Inc.)
