Source of Coal. Independent Contractor covenants and agrees that: (i) the Coal delivered to AWVMC pursuant to this Agreement shall be produced solely from the Beckley coal seam in, on and underlying the Premises, (ii) it shall not commingle any coal mined or removed from other properties with the Coal mined and removed from the Premises, and (iii) it shall not tender, deliver or sell any of the Coal mined from the Premises to any person or entity without the prior written consent of AWVMC.
Source of Coal. The source of the coal to be delivered by Seller shall be the Seller’s Oaktown 1 or Oaktown 2 Mines (collectively, the “Mines”). Seller shall have the right to notify Buyer that the coal to be sold by Seller and purchased by Buyer under this Agreement may also be mined from coal properties and reserves at Sunrise Coal, LLC’s Carlisle Mine, located in and around Xxxxxxxx County, Indiana. Seller’s right to deliver coal mined from the Carlisle Mine under this Agreement shall arise automatically upon Seller’s notice to Buyer, subject to the Parties’ agreement on the Carlisle Deduction (as defined below). Within thirty (30) days after Seller becomes an affiliate of Sunrise Coal, LLC, Buyer shall notify Seller if its cost to transport coal from the Carlisle Mine to the Plant differs from the cost to transport coal from the Seller’s Oaktown 1 or Oaktown 2 Mines. Such notice shall include reasonable supporting documentation of the respective transportation costs. Buyer and Seller, each acting in good faith, shall determine the difference between Buyer’s transportation costs for coal transported for: (a) each ton of coal delivered from the Carlisle Mine, and (b) each ton of coal delivered the AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT Exhibit 10.4 Seller’s Oaktown 1 or Oaktown 2 Mines (such difference in costs, the “Carlisle Deduction”), and Seller shall apply the Carlisle Deduction to all tons of coal delivered from the Carlisle Mine in its invoices when submitted to Buyer. To the extent the Carlisle Deduction is different for rail and truck transportation, the Carlisle Deduction for the applicable transportation mode shall be utilized. The Parties shall document the agreed Carlisle Deduction in a writing signed by both Parties. Once the Parties agree on the Carlisle Deduction, the Carlisle Mine shall be deemed to be one of the “Mines” for all purposes hereunder.
Source of Coal. 11 3.1 Source................................................................................ 11 3.2
Source of Coal. The source of coal deliveries to Buyer shall be as identified in the Purchase Order (the “Coal Source”). Seller may in its discretion furnish all or any part of the coal to be supplied hereunder from one or multiple other sources owned by Seller or its Affiliate(s), on the same terms and conditions set forth in this Agreement, including with respect to rejection rights and quality adjustments. With the prior approval of Buyer, which approval shall not be unreasonably withheld, Seller may furnish all or any part of the coal to be supplied hereunder from one or multiple other sources owned by third parties, on the same terms and conditions set forth in this Agreement, including with respect to rejection rights and quality adjustments. Such substitute source(s) referenced above shall not be considered a source from which Seller is obligated in any way to supply coal to Buyer.
Source of Coal. Section 1.01 The coal to be delivered prior to 1993 pursuant to this Agreement shall be produced from the Black Butte Mine (such mine and any other mine from which coal to be delivered under this Agreement is to be produced being hereinafter referred to as the "Mine"). Subject to the terms and conditions contained herein, Black Butte has the right to deliver coal from one or more alternate source mines ("Alternate Source Mine(s)"). Each of the contracts for the provision of coal under this Agreement from an Alternate Source Mine is referred to as an "Alternate Source Contract," Black Butte has elected to provide all coal to be delivered hereunder after 1992 from the Caballo Rojo Mine, the Antelope Mine and the Xxxxxxxx Mine, each in Wyoming and such other Mines as may be provided for in an Alternate Source Contract. Edison has negotiated and approved each of the Alternate Source Contracts in effect as of January 1, 1996 or prior thereto and accepts the terms and conditions thereof. Black Butte agrees that it shall exercise all of its elections, decisions and other rights under any Alternate Source Contract as directed by Edison. Edison will hold Black Butte harmless for all claims of a vendor under an Alternate Source Contract arising out of any such direction by Edison. Black Butte shall have no right to amend an Alternate Source Contract or settle any dispute thereunder without Edison's prior written consent. Black Butte's right to deliver coal from any other Alternate Source Mine or the Black Butte Mine after 1992, shall be limited to the rights granted Black Butte in Sections 9 and 12(7).
Source of Coal. All coal supplied under the New Agreement shall be produced from the Coal Property and shall be shipped from the Typo Facility. In the event that Seller desires to supply coal under the New Agreement from a source other than the Coal Property, Seller shall first obtain Purchaser's written consent, which shall not be unreasonably withheld, but in no event shall such consent be withheld if the following conditions are satisfied: (i) such source is owned or controlled by Seller or its affiliates; (ii) the quality of coal from such source shall comply with the specifications set forth in paragraph 10 of this letter agreement; (iii) the weighing and sampling systems associated with such source are acceptable to Purchaser; and (iv) the delivered cost (stated in cents/MMBtu) of coal from such source shall not exceed the then-current delivered cost (stated in cents/MMBtu) of Shipments from the Typo Facility.
Source of Coal. 9 ARTICLE III
Source of Coal. Section 2.1. The source of coal subject to this Agreement ("Basic Source Coal") shall be Seller's Blacksville No. 1 and No. 2 Mines (the "Mines"). Seller, with Buyer's prior written approval, may deliver to Buyer, coal from an alternate source ("Alternate Source Coal") so long as such Alternate Source Coal is delivered to Somerset Unit #1 at no more than the delivered cost per million British thermal units ("Btu's") of Basic Source Coal and meets the quality standards described in Sections 6.1, 6.2, and 6.3, and is otherwise suitable, in Buyer's sole judgment, for use at Somerset Unit #1. Seller warrants that it owns or controls adequate recoverable coal reserves associated with Seller's Mines to fulfill the requirements of this Agreement, including requirements as to quality and quantity of coal.
Source of Coal. The Coal to be delivered hereunder shall (a) originate at any mine or loadout facility located on the CSX Railroad in its Harlan, Hazard, Big Xxxxx, or Kanawha Districts and (b) be sourced and acquired by Seller through an Approved Purchase. For purposes of this Agreement, the term “Approved Purchase” means a Shipment or series of Shipments of Coal purchased by Seller, as to which all of the following elements have been satisfied: (i) Seller solicits or receives a quote for the Shipment, including price, quality and other relevant terms from a third party Coal producer or marketer, (ii) Seller communicates such quote to Buyer; (iii) Buyer instructs Seller to purchase the Shipment(s); and (iv) Seller places a non-cancelable firm order for and acquires the applicable Shipment(s) from the third party producer or marketer.
Source of Coal. Coal supplied under this Agreement shall be from the Tenements, except as provided in Clause 3.1(b).
