Source. a. The source of coal delivered under this contract is of major importance to TVA. The provisions of this contract pertaining to coal quality and quantity requirements, price adjustments, federal and state legislation, and other matters are directly related to the source of coal. As used in this Section 5, "Source Area" shall mean the total coal reserve areas outlined in the Specific Location Map(s) provided with the Term Coal Proposal; provided, that, within the Source Area, only the area(s), for surfaced-mined coal, or mine opening(s), for underground-mined coal, covered by the mining permit(s) listed in the Term Coal Proposal is an "Authorized Source" of coal for delivery under this contract. The mine area(s) and/or opening(s) located within the Source Area shown on the Specific Location Map(s), but not covered by the mining permit(s) listed in the Term Coal Proposal, may become an Authorized Source under the following procedures as mining progresses and the appropriate permit(s) and license(s) are obtained. Contractor shall notify TVA in writing at least forty-five (45) days in advance of its intention to deliver coal from any additional area(s) or mine opening(s) in the Source Area which is not then authorized. TVA may, if it deems it is in TVA's best interests, authorize such areas, but is under no obligation to do so. TVA reserves the right to require Contractor to furnish any information and/or any guarantees TVA deems necessary bearing on the ability of the source to meet the requirements of this contract and to make that information a part of this contract.
Appears in 2 contracts
Samples: Transfer Agreement (Alliance Resource Partners Lp), Contract for Purchase and Sale of Coal (Alliance Resource Partners Lp)
Source. a. 5.1 The source of coal delivered under this contract is of major importance to TVA. The provisions of this contract pertaining to coal quality and quantity requirements, price adjustments, federal and state legislation, and other matters are directly related to the source of coal. As used in this Section 5, "“Source Area" ” shall mean the total coal reserve areas outlined in the Specific Location Map(s) provided with the Term Coal Proposalidentified in Appendix A; provided, that, within the Source Area, only the area(s), ) (for surfaced-mined coal, ) or mine opening(s), ) (for underground-mined coal, ) covered by the following mining permit(s) listed in the Term Coal Proposal and proposed mine permit areas identified herein is an "“Authorized Source" ” of coal for delivery under this contract: [see appendix A]. The mine area(s) and/or opening(s) located within the Source Area shown on the Specific Location Map(s), but not covered by the mining permit(s) listed in the Term Coal Proposalabove, may become an Authorized Source under the following procedures as mining progresses and the appropriate permit(s) and license(s) are obtained. Contractor shall notify TVA in writing at least forty-five sixty (4560) days in advance of its intention to deliver coal from any additional area(s) or mine opening(s) that is in the Source Area but which is not then authorized. TVA mayshall authorize such areas if the proposed source is owned or controlled by contractor or its affiliates and if, if it deems it is in TVA's best interests’s reasonable judgment, authorize such areas, but the proposed source is under no obligation to do socapable of meeting the requirements of this contract. TVA reserves the right to require Contractor to furnish any information and/or any guarantees TVA deems necessary bearing on the ability of the any source or proposed source to meet the requirements of this contract and to make that information and / or any guarantees a part of this contract.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Armstrong Coal Company, Inc.), Purchase and Sale Agreement (Armstrong Resource Partners, L.P.)
Source. a. 5.1 The source of coal delivered under this contract Contract is of major importance to TVA. The provisions of this contract Contract pertaining to coal quality and quantity requirements, price adjustments, federal and state legislation, and other matters are directly related to the source of coal. As used in this Section 5, "“Source Area" ” shall mean the total coal reserve areas outlined in each specified coal seam that are within or contiguous to the Specific Location Map(s) provided with the Term Coal Proposalpermit areas identified in Appendix A; provided, that, within the Source Area, only the area(s), ) (for surfaced-surfaced mined coal, ) or mine opening(s), ) (for underground-underground mined coal, ) covered by the mining permit(s) listed existing and proposed mine permit areas identified in the Term Coal Proposal is Appendix A are defined to be an "“Authorized Source" ” of coal for delivery under this contractContract. The mine area(s) and/or opening(s) located within the Source Area shown on the Specific Location Map(s)Area, but not covered by the mining permit(s) listed in the Term Coal Proposalabove, may become an Authorized Source under the following procedures as mining progresses and the appropriate permit(s) and license(s) are obtained. Contractor shall notify TVA in writing at least forty-five sixty (4560) days in advance of its intention to deliver coal from any additional area(s) or mine opening(s) that is in the Source Area but which is not then authorized. TVA mayshall authorize such areas if the proposed source is owned or controlled by contractor or its affiliates and if, if it deems it is in TVA's best interests’s reasonable judgment, authorize such areas, but the proposed source is under no obligation to do socapable of meeting the requirements of this Contract. TVA reserves the right to require Contractor to furnish any information and/or any guarantees TVA deems necessary bearing on the ability of the any source or proposed source to meet the requirements of this contract Contract and to make that information and / or any guarantees a part of this contractContract.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Armstrong Coal Company, Inc.)
Source. a. The source of coal delivered under this contract is of major importance to TVA. The provisions of this contract pertaining to coal quality and quantity requirements, price adjustments, federal and state legislation, and other matters are directly related to the source of coal. As used in this Section 5, "Source AreaArea " shall mean the total coal reserve areas outlined in the Specific Location Map(s) provided with the Term Coal Proposalidentified in Appendix B; provided, that, within the Source Area, only the area(s), for surfaced-mined coal, or mine opening(s), for underground-mined coal, covered by the mining permit(s) listed in the Term Coal Proposal Offer is an "Authorized SourceSource " of coal for delivery under this contract. The mine area(s) and/or opening(s) located within the Source Area shown on the Specific Location Map(s), but not covered by the mining permit(s) listed in the Term Coal ProposalOffer, may become an Authorized Source under the following procedures as mining progresses and the appropriate permit(s) and license(s) are obtained. Contractor shall notify TVA in writing at least forty-five (45) days in advance of its intention to deliver coal from any additional area(s) or mine opening(s) in the Source Area which is not then authorized. TVA may, if it deems it is in TVA's best interests, authorize such areas, but is under no obligation to do so. TVA reserves the right to require Contractor to furnish any information and/or any guarantees TVA deems deem necessary bearing on the ability of the source to meet the requirements of this contract and to make that information a part of this contract.
Appears in 1 contract
Source. a. 5.1 The source of coal delivered under this contract is of major importance to TVA. The provisions of this contract pertaining to coal quality and quantity requirements, price adjustments, federal and state legislation, and other matters are directly related to the source of coal. As used in this Section 5, "“Source Area" ” shall mean the total coal reserve areas outlined in the Specific Location Map(s) provided with the Term Coal Proposalidentified in Appendix A; provided, that, within the Source Area, only the area(s), ) (for surfaced-mined coal, ) or mine opening(s), ) (for underground-mined coal, ) covered by the following mining permit(s) listed in the Term Coal Proposal and proposed mine permit areas identified herein is an "“Authorized Source" ” of coal for delivery under this contract: [List permit numbers]. The mine area(s) and/or opening(s) located within the Source Area shown on the Specific Location Map(s), but not covered by the mining permit(s) listed in the Term Coal Proposalabove, may become an Authorized Source under the following procedures as mining progresses and the appropriate permit(s) and license(s) are obtained. Contractor shall notify TVA in writing at least forty-five sixty (4560) days in advance of its intention to deliver coal from any additional area(s) or mine opening(s) that is in the Source Area but which is not then authorized. TVA mayshall authorize such areas if the proposed source is owned or controlled by contractor or its affiliates and if, if it deems it is in TVA's best interests’s reasonable judgment, authorize such areas, but the proposed source is under no obligation to do socapable of meeting the requirements of this contract. TVA reserves the right to require Contractor to furnish any information and/or any guarantees TVA deems necessary bearing on the ability of the any source or proposed source to meet the requirements of this contract and to make that information and / or any guarantees a part of this contract.
Appears in 1 contract
Source. a. The source of coal delivered under this contract is of major importance to TVA. The provisions of this contract pertaining to coal quality and quantity requirements, price adjustments, federal and state legislation, and other matters are directly related to the source of coal. As used in this Section 5, "Source Area" shall mean the total coal reserve areas outlined in the Specific Location Map(s) provided with the Term Coal Proposalidentified in Appendix B; provided, that, within the Source Area, only the area(s), for surfaced-mined coal, or mine opening(s), for underground-mined coal, covered by the mining permit(s) listed in the Term Coal Proposal Offer is an "Authorized Source" of coal for delivery under this contract. The mine area(s) and/or opening(s) located within the Source Area shown on the Specific Location Map(s), but not covered by the mining permit(s) listed in the Term Coal ProposalOffer, may become an Authorized Source under the following procedures as mining progresses and the appropriate permit(s) and license(s) are obtained. Contractor shall notify TVA in writing at least forty-five (45) days in advance of its intention to deliver coal from any additional area(s) or mine opening(s) in the Source Area which is not then authorized. TVA may, if it deems it is in TVA's best interests, authorize such areas, but is under no obligation to do so. TVA reserves the right to require Contractor to furnish any information and/or any guarantees TVA deems necessary bearing on the ability of the source to meet the requirements of this contract and to make that information a part of this contract.
Appears in 1 contract