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.
Appears in 3 contracts
Samples: Supply Agreement (Armstrong Coal Company, Inc.), Supply Agreement (Armstrong Energy, Inc.), Supply Agreement (Armstrong Energy, Inc.)
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.. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J14004
Appears in 2 contracts
Samples: Supply Agreement (Armstrong Coal Company, Inc.), Supply Agreement (Armstrong Energy, Inc.)
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.
Appears in 2 contracts
Samples: Supply Agreement (Armstrong Coal Company, Inc.), Supply Agreement (Armstrong Energy, Inc.)
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.
Appears in 2 contracts
Samples: Supply Agreement, Supply 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 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.
Appears in 2 contracts
Samples: Coal Supply Agreement, Supply 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.. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J07032
Appears in 2 contracts
Samples: Supply Agreement (Armstrong Coal Company, Inc.), Supply Agreement (Armstrong Energy, Inc.)
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.
Appears in 1 contract
Samples: Supply Agreement (Louisville Gas & Electric Co /Ky/)
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.
Appears in 1 contract
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
Appears in 1 contract
Samples: www.sec.gov
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
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Louisville Gas & Electric Co /Ky/)
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.
Appears in 1 contract
Samples: Supply Agreement (Louisville Gas & Electric Co /Ky/)