Common use of Seller’s Rights When Purchaser Wrongfully Refuses Delivery of Coke Clause in Contracts

Seller’s Rights When Purchaser Wrongfully Refuses Delivery of Coke. (a) If any Purchaser refuses or fails to accept any delivery of Coke or Third Party Supplied Coke and such refusal or failure is a breach of such Purchaser’s obligations under this Agreement, then (i) the moisture content of such Coke or Third Party Supplied Coke shall not be required to conform to the moisture specification set forth in the Guaranteed Quality Standards; and (ii) the risk of loss for such Coke or Third Party Supplied Coke shall pass to Purchasers upon such wrongful refusal or failure. (b) Where any Purchaser refuses or fails to accept delivery of Coke or Third Party Supplied Coke, and such refusal or failure is a breach of such Purchaser’s obligations under this Agreement, Seller may resell the same upon Written notification by Seller to Purchaser of its intention to resell. Where such resale is made in good faith and in a commercially reasonable manner, Seller shall recover the difference between the resale price and the Contract Price together with Incidental Damages, but less expenses saved as a consequence of Purchaser’s breach. Provided, however, if (i) that Purchaser subsequently accepts such Coke or Third Party Supplied Coke for delivery prior to any resale; or (ii) Seller is unable after commercially reasonable efforts to resell such Coke or Third Party Supplied Coke, then Purchasers shall pay to Seller the Contract Price therefore.

Seller’s Rights When Purchaser Wrongfully Refuses Delivery of Coke. (a) If any Purchaser refuses or fails to accept any delivery of Coke at the Coke Delivery Point or Third Party Supplied Coke at the coke unloading facility located at the Xxxxxx Plant, and such refusal or failure is a breach of such Purchaser’s 's obligations under this Agreement, then (i) the moisture content of such Coke or Third Party Supplied Coke shall not be required to conform to the moisture specification set forth in the Guaranteed Quality Standards; and (ii) the risk of loss for such Coke or Third Party Supplied Coke shall pass to Purchasers Purchaser upon such wrongful refusal or failure. (b) Where any Purchaser refuses or fails to accept delivery of Coke or Third Party Supplied Coke, and such refusal or failure is a breach of such Purchaser’s obligations under this Agreement. In addition, Seller may resell the same upon Written notification by Seller to Purchaser of its intention to resell. Where such resale is made in good faith and in a commercially reasonable manner, Seller shall recover the difference between the resale price and the Contract Price together with its Incidental Damages, but less expenses saved (if any) as a consequence of Purchaser’s 's breach. Provided, howeverHowever, if (i1) that Purchaser subsequently accepts such Coke or Third Party Supplied Coke for delivery prior to any resale; or (ii2) Seller is unable after commercially reasonable efforts to resell such Coke or Third Party Supplied CokeCoke Tonnage, then Purchasers Purchaser shall pay to Seller the Contract Price thereforefor such Tonnage plus (as applicable) reasonable stocking and de-stocking costs and expenses.