Examples of Arch Coal in a sentence
If such audit reveals an overpayment by Arch Coal, ADA shall promptly refund the amount of such overpayment.
All notices, requests and other communications to any party required or permitted to be given hereunder shall be in writing and shall be delivered in person, mailed by certified or registered mail, return receipt requested, or sent by facsimile transmission, if to the Company: Arch Coal, Inc.
With respect to the licenses granted by ADA to Arch Coal under this Agreement, the parties agree that, for purposes of 11 U.S.C. § 365(n), this Agreement shall be deemed to be an executory contract under which ADA is the “licensor” and Arch Coal is the “licensee”.
Arch Coal will account for all Premiums, the Initial License Fee, the Development Costs and the *% return referred to in Section 4.1 and provide such accounting to ADA for each month by the tenth (10th) calendar day of the second month following the end of such month commencing in the month when Arch Coal first makes any sale of Enhanced Coal.
From and after such time as the aggregate of the Premiums received by Arch Coal equals the Total Investment, Arch Coal shall pay to ADA a royalty (the “Ongoing Royalty”) equal to *% of the Premium received by Arch Coal or its Affiliates; provided, however, that the Ongoing Royalty shall not exceed $1.00 per ton of Enhanced Coal sold by or on behalf of Arch Coal and its Affiliates.
Arch Coal shall maintain accurate records, in accordance with generally accepted accounting principles, for the calculation of each element of the Total Investment, including copies of sales contracts that reflect the pricing for non-Enhanced Coal from time to time during the term of this Agreement, and shall maintain such records for at least two (2) years following the termination of this Agreement.
Arch Coal shall not, and Arch Coal shall cause its Affiliates not to at any time file any application to register, patent or otherwise claim ownership of the Licensed Technology anywhere in the world or engage in any activity or provide any assistance, directly or indirectly including through an Affiliate, representative or agent, challenging ADA’s ownership, or the validity of ADA’s IP Rights in the Licensed Technology, Additional IP, Documentation or Trademarks or restricting the scope thereof.
It may also be of interest to evaluate exploration coals that Arch Coal has an interest in developing.
ADA hereby grants to Arch Coal and its Affiliates an exclusive, nontransferable (except as set forth in Section 11.3) license to Use the Developed Technology in the Field of Use in the Territory during the term of this Agreement.
In consideration for the licenses granted in Section 3, Arch Coal shall pay ADA an initial, non-refundable license fee in cash in the amount of two million dollars ($2,000,000) the (“Initial License Fee”) concurrently with the execution of this Agreement, plus the Ongoing Royalty (as defined below).