Common use of Substitute Coal Clause in Contracts

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 In the event that Seller is unable to produce or obtain coal from the Coal Property Properties in the quantity quantities and of the quality required by this Agreement, and such inability is not caused by a force majeure event 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 its control or the control of its affiliates in accordance with all the terms and conditions of this Agreement including, but not limited to, 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 Property Properties 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 In the event that Seller is unable to produce or obtain coal from the Coal Property Properties in the quantity quantities and of the quality required by this Agreement, and such inability is not caused by a force majeure event 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 its control or the control of its affiliates in accordance with all the terms and conditions of this Agreement including, but not limited to, 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 Property 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 Section 13.

Substitute Coal. Notwithstanding the above representations and warranties, in In the event that Seller is unable to produce or obtain coal from the Coal Property Properties in the quantity quantities and of the quality required by this Agreement, and such inability is not caused by a force majeure event Force Majeure Event as defined in Section 10, then Buyer will have the option of requiring that Seller supply substitute coal coal, if available, 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, but not limited to, 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 Property Properties without having received the express written consent of Buyer shall constitute a material breach of this Agreement.

Substitute Coal. Notwithstanding the above representations and warrantiesabove, 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 Seller shall have the option of requiring that Seller right to supply substitute coal from other facilities and mines 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 §§ 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 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.. §4.6

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 §Section 6.1, and the provisions of Section 5 concerning reimbursement to Buyer for increased transportation costs. Seller’s 's delivery of coal not produced from the Coal CONTRACT #00-000-000 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 Section 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 SECTION 8, the quality specifications of §SECTION 6.1, and the provisions of Section SECTION 5 concerning reimbursement to Buyer for increased transportation costs. Seller’s 's delivery of coal CONTRACT #00-000-000 not produced from the Coal Property without having received the express written consent of Buyer Buyer, which consent shall not be unreasonably withheld, 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 Section 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 SECTION 8, the quality specifications of §SECTION 6.1, and the provisions of Section SECTION 5 concerning reimbursement to Buyer for increased transportation costs. Seller’s '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.. CONTRACT #00-000-000

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 CONTRACT #00-000-000 of the quality required by this Agreement, and such inability is not caused by a force majeure event as defined in Section 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 SECTION 8, the quality specifications of §SECTION 6.1, and the provisions of Section SECTION 5 concerning reimbursement to Buyer for increased transportation costs. Seller’s '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 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 §Section 6.1, and the provisions of Section 5 concerning reimbursement to Buyer for increased transportation costs. Seller’s '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.