Common use of Assumption of Rights, Remedies, Responsibilities and Obligations Clause in Contracts

Assumption of Rights, Remedies, Responsibilities and Obligations. In furtherance of the foregoing, Patriot hereby assumes toward COALSALES all obligations and responsibilities with respect to Quality A coal (as hereinafter defined) that COALSALES has under the Incorporated End Customer Contract toward End Customer; and COALSALES will have the benefit of all rights and remedies against Patriot with respect to Quality A coal that End Customer has against COALSALES under the Incorporated End Customer Contract, in each case subject to the modifications set forth below. Likewise, COALSALES hereby assumes toward Patriot all obligations and responsibilities with respect to Quality A coal that End Customer has toward COALSALES under the Incorporated End Customer Contract; and Patriot will have the benefit of all rights and remedies with respect to Quality A coal against COALSALES that COALSALES has against End Customer under the Incorporated End Customer Contract, in each case subject to the modifications set forth below. For the sake of clarity, the terms and conditions of the Incorporated End Customer Contract, as modified by the body of this Agreement, will apply to Quality A coal that is resold by COALSALES to any third party. In addition, at COALSALES request, Patriot shall continue to honor current practices at the Highland Mine regarding the preparation and handling of Quality A coal and reporting of coal quality for shipments to End Customer under this Agreement.