Substitute Coal. Notwithstanding the above representations and warranties, in the event that Seller is unable to produce or obtain coal from the Coal Property in the quantity and of the quality required by this Agreement, and such inability is not caused by a force majeure event as defined in Section 10, then Buyer will have the option of requiring that Seller supply substitute coal from other facilities and mines under all the terms and conditions of this Agreement including, but not limited to, the price provisions of Section 8, the quality specifications of §6.1, and the provisions of Section 5 concerning reimbursement to Buyer for increased transportation costs. Seller’s delivery of coal not produced from the Coal Property without having received the express written consent of Buyer shall constitute a material breach of this Agreement.
Substitute Coal. Notwithstanding the above representations and warranties, in the event that Seller is unable to produce or obtain coal from the Coal Property in the quantity and of the quality required by this Agreement, and such inability is not caused by a force majeure event as defined in § 10, then Buyer will have the option of requiring that Seller supply substitute coal from other facilities and mines. Seller shall also have the right to supply substitute coal after having received Buyer’s prior written consent (which shall not be unreasonably withheld). Such substitute coal shall be provided under all the terms and conditions of this Agreement including, but not limited to, the quantity provisions of § 3.1, the price provisions of § 8, the quality specifications of § 6.1, and the provisions of § 5 concerning reimbursement to Buyer for increased transportation costs. Seller’s delivery of coal not produced from the Coal Property without having received the express written consent of Buyer shall constitute a material breach of this Agreement.
Substitute Coal. Upon providing prior written notice to Buyer, and after receiving Buyer’s written consent, which shall not be unreasonably withheld, Seller may, but shall not be required to, supply coal from sources other than the Coal Properties which meets the quality specifications set forth in Section 6 (“Substitute Coal”). The delivered price to Buyer of such Substitute Coal shall not exceed the delivered price at Buyer’s plant(s) in dollars per million Btu for coal to be supplied from the Coal Properties. Seller’s conditional right to furnish Substitute Coal shall not affect its right to claim force majeure because of events occurring at the mines on any of the Coal Properties. In the event Seller is providing Substitute Coal and experiences a force majeure event at the Substitute Coal source, Seller shall supply Buyer with coal from one or more of the Coal Properties sources. All Substitute Coal supplied hereunder shall be supplied pursuant to all the terms and conditions of this Agreement, including, but not limited to, the quantity provisions of Section 3, the delivery provisions of Section 5, the quality specifications of Section 6 and the price provisions of Section
Substitute Coal. Seller shall, by giving timely notice as provided in Article 3.2 above, have the option, subject to Buyer’s approval, not to be unreasonably withheld, to provide the Coal from any alternate source Seller may select. Any such substituted Coal must comply with all Specifications for the Coal to be replaced and be otherwise acceptable to Buyer. Seller shall cooperate with Buyer in Buyer’s arranging for alternative transportation to allow the Coal shipped from the alternate source to be delivered to Buyer at the Delivery Point at the same time and at the same Contract Price on an equivalent $/MMBTU and SO2 adjusted basis (if SO2 adjustment is provided in the relevant Confirmations) as if delivery had been made to Buyer from the original Source. The Seller shall be solely responsible for any increased transportation, handling, storage and other costs, if any, incurred by Buyer directly resulting from Seller’s provision of substitute Coal.
Substitute Coal. Notwithstanding the above representations and warranties, in the event that Seller is unable to produce or obtain coal from the Coal Property in the quantity and of the quality required by this Agreement, and such inability is not caused by a force majeure event as defined in Section 10, then Buyer will have the option of requiring that Seller supply coal from Seller's other facilities and mines or Seller shall also have the right to supply substitute coal from sources not owned or controlled by Seller after having received Buyer's prior written consent (which shall not be unreasonably withheld). Such substitute coal shall be provided under all the terms and conditions of this Agreement including, but not limited to, the price provisions of Section 8, the quality specifications of Section 6.1, and the provisions of Section 5 concerning reimbursement to Buyer ARCH COAL SALES CO., INC. KU Contract # KUF02848 PRB for increased transportation costs. Seller's delivery of coal not produced from the Coal Property without having received the express written consent of Buyer shall constitute a material breach of this Agreement.
Substitute Coal. Notwithstanding the above representations and warranties, in the event that Seller is unable to produce or obtain coal from the Coal Property in the quantity and of the quality required by this Agreement, then Seller will have the option to supply substitute coal CONTRACT #00-000-000 from other facilities and mines under all the terms and conditions of this Agreement including, but not limited to, the price provisions of SECTION 8, the quality specifications of SECTION 6.1, and the provisions of SECTION 5 concerning reimbursement to Buyer for increased transportation costs. Seller's delivery of coal not produced from the Coal Property without having received the express written consent of Buyer shall constitute a material breach of this Agreement.
Substitute Coal. In the event that Seller is unable to produce or obtain coal from the Coal Properties in the quantities and of the quality required by this Agreement, and such inability is not caused by a Force Majeure Event as defined in Section 10, then Buyer will have XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 the option of requiring that Seller supply substitute coal from other facilities and mines under its control or the control of its affiliates in accordance with all the terms and conditions of this Agreement including without limitation the price provisions of Section 8, the quality specifications of §6.1, and the provisions of Section 5 concerning reimbursement to Buyer for increased transportation costs. Seller’s delivery of coal not produced from the Coal Properties without having received the express written consent of Buyer shall constitute a material breach of this Agreement.
Substitute Coal. In the event that Seller is unable to produce or obtain coal from the Coal Properties in the quantities and of the quality required by this Agreement, and such inability is not caused by a Force Majeure Event as defined in Article 10, then Seller will have the option, but not the obligation, to supply substitute coal, with Buyer’s written consent which may be withheld in Buyer’s reasonable discretion, from other facilities and mines under Seller’s control or the control of Seller’s affiliates in accordance with all the terms and conditions of this Agreement including, without limitation, the price provisions of Article 8, the quality specifications of §6.1, and the provisions of Article 5 concerning reimbursement to Buyer for increased transportation costs. The delivered price to Buyer (i.e. delivered price at Buyer’s plants) of such substitute coal shall not exceed the delivered price at Buyer’s plant(s), in dollars per million Btu, for coal to be supplied from the Coal Properties. Seller’s delivery of coal not produced from the Coal Properties without having received the express written consent of Buyer shall constitute a material breach of this Agreement. The availability of substitute coal rights does not limit a party’s other rights or remedies under this Agreement, including but not limited to those in Article 13.
Substitute Coal. In the event that Seller is unable to produce or obtain coal from the Coal Properties in the quantities and of the quality required by this Agreement, and such inability is not caused by a Force Majeure Event as defined in Article 10, then Seller will have the option, but not the obligation, to supply substitute coal, with Buyer’s written consent which may be withheld in Buyer’s reasonable discretion, from other facilities and mines under Seller’s control or the control of Seller’s affiliates in accordance with all the terms and conditions of this Agreement including, without limitation, the price provisions of Article 8, the quality specifications of §6.1, and the provisions of Article 5 concerning reimbursement to Buyer for increased transportation costs. The delivered price to Buyer (i.e. delivered price at Buyer’s plants) of such substitute coal shall not exceed the delivered price at Buyer’s plant(s), in dollars per million Btu, for coal to be supplied from the Coal Properties. Seller’s delivery of coal not produced from the Coal Properties without having received the express written consent of Buyer shall constitute a material breach of this Agreement. The availability of substitute coal rights does not limit a party’s other rights or remedies under this Agreement, including but not limited to those in Article 13. §4.6 Authority. ACNR COAL SALES, INC. LG&E/KU Contract No. J24006 Seller or Producer shall have sole and exclusive authority to direct and control its respective activities and operations, and those of any subcontractors, undertaken in the performance of Seller’s obligations under this Agreement. Seller and Producer shall each exercise full and complete control over its respective work force and labor relations policies. Buyer shall have no authority or control over either Xxxxxx’s or Producer’s operations or work force.
Substitute Coal. In the event Seller is unable to produce or obtain coal from the Coal Property in the quantity and of the quality required by this Agreement, and such inability is not caused by a force majeure event as defined in ss. 10 of this Agreement, then Buyer will have the option of requiring that Guarantor supply coal (the "Substitute Coal") from the Dotiki facilities and mines owned by Guarantor. If Seller's inability to supply coal from the Coal Property is caused by a force majeure event as accepted by Buyer, then Buyer shall have the option of requesting that Guarantor supply Substitute Coal and Guarantor shall have the option of supplying Substitute Coal, but Guarantor shall have no obligation to perform unless Guarantor has elected to exercise its option. Buyer's option to request performance by Guarantor must be exercised in writing within ten (10) days of Buyer's receipt of Seller's declaration of force majeure. Guarantor's option to accept Buyer's offer must be exercised in writing within ten (10) days of Guarantor's receipt of Buyer's notice of election. Contract #00-000-000 All Substitute Coal supplied hereunder shall be supplied pursuant to all the terms and conditions of this Agreement, including, but not limited to, the price provisions of ss. 8, the quality specifications of ss. 6.1, and the provisions of ss. 5 concerning reimbursement to Buyer for increased transportation costs. The determination of whether the Substitute Coal materially meets or exceeds these parameters shall be made by Buyer in Buyer's sole opinion. Seller's or Guarantor's delivery of coal not produced from the Coal Property without having received the express written consent of Buyer shall constitute a material breach of this Agreement. If Guarantor supplies Substitute Coal with the express consent of Buyer, such coal shall be considered delivered from the Coal Property for all purposes of this Agreement except with regard to any increased transportation costs."
