Common use of Source of Coal Clause in Contracts

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. 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 10.3 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. 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, AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT Exhibit 10.2 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.