Substitute Coal in Event of River View Mine Force Majeure or Inventory Event Sample Clauses

Substitute Coal in Event of River View Mine Force Majeure or Inventory Event. The following provision is added to the end of the first paragraph of Section 4.3(b).
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Substitute Coal in Event of River View Mine Force Majeure or Inventory Event. During any period in which Seller declares, or seeks to declare, a Force Majeure Event at the River View mine or an Inventory Event exists as provided for in §4.1(b), Seller agrees to make available coal (or coal production or inventory capacity) for Buyer to purchase, and Seller shall deliver to Buyer hereunder, up to such quantity of tons from the Seller’s Warrior, Tunnel Ridge, Xxxxxx South and Xxxxxxxx mines (collectively “Alternate Source Mines”) as scheduled by Buyer in its discretion hereunder, up to Buyer’s existing or future applicable quarterly or annual nomination quantities. These rights and duties shall be in addition to, and not in limitation of, the rights and duties of the parties set forth in §4.1(b) and §10.1. Buyer shall have the option to select the quantities of coal it wishes to purchase from any one or more of the Alternate Source Mines provided however, Seller shall not be obligated to deliver
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Related to Substitute Coal in Event of River View Mine Force Majeure or Inventory Event

  • Available Relief for a Force Majeure Event 11.7.1 Subject to this Article 11:

  • No Default for Force Majeure Neither Party will be in default in the performance of any of its obligations set forth in this Agreement, except for obligations to pay money, when and to the extent failure of performance is caused by Force Majeure.

  • Termination Notice for Force Majeure Event If a Force Majeure Event subsists for a period of 180 (one hundred and eighty) days or more within a continuous period of 365 (three hundred and sixty five) days, either Party may in its discretion terminate this Agreement by issuing a Termination Notice to the other Party without being liable in any manner whatsoever, save as provided in this Article 34, and upon issue of such Termination Notice, this Agreement shall, notwithstanding anything to the contrary contained herein, stand terminated forthwith; provided that before issuing such Termination Notice, the Party intending to issue the Termination Notice shall inform the other Party of such intention and grant 15 (fifteen) days time to make a representation, and may after the expiry of such 15 (fifteen) days period, whether or not it is in receipt of such representation, in its sole discretion issue the Termination Notice.

  • F orce Majeure CONTRACTOR shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of AGREEMENT caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided CONTRACTOR gives written notice of the cause of the delay to COUNTY within thirty-six (36) hours of the start of the delay and CONTRACTOR avails himself of any available remedies.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • Train Operator Events of Default The following are Train Operator Events of Default:

  • Contact in Event of Unauthorized Transfer If you believe your Card and/or access code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, either call us immediately at:

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Developer Event of Default Any of the following events shall constitute an event of default by the Developer ("Developer Event of Default") unless such event has occurred as a result of a Force Majeure Event or the Authority Event of Default or any governmental action for reasons other than any breach, default or lapse on the part of the Developer:

  • Event of Force Majeure 15.1 Neither Party shall be in breach of the Agreement nor liable for any delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure results from an Event of Force Majeure. In such circumstances the affected Party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for three consecutive months, the Party not affected may terminate the Agreement immediately by giving written notice to the affected Party.

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