Coal Specifications Clause Samples

Coal Specifications. Seller shall deliver coal that is substantially free from impurities and that conforms to the following size and quality specifications. As regards to size, coal is to average not less than ****** percent above ****** inches as measured using applicable American Society for Testing Materials (ASTM) standards: Top Size: maximum ****** Seller shall use all reasonable efforts, within the constraints imposed by the facilities described in Section 3.08, to supply coal of uniform quality. Buyer shall take all reasonable steps to bum Seller's coal. The objective of both Parties is to develop and implement a coal handling system at the Mine and at the Plant that will ensure compliance with Wyoming Department of Environmental Quality ("DEQ") sulfur dioxide regulations. Seller shall take all reasonable steps to deliver coal with a sulfur dioxide value that meets the relevant specification in pounds SO2/MMBTU, and reduce the variability of coal from lot-to-lot and within each lot. Both parties acknowledge that coal quality will vary from the agreed upon parameters, and that a certain amount of variation in quality must be contemplated. The quality of the coal to be sold and purchased under this Agreement on an "as received" moisture basis, shall be within the following guaranteed specifications on a 10,000-ton lot basis and shall also meet the guaranteed average specifications noted below: (a) For the purposes of this Agreement, the terms total moisture, ash, and gross calorific value (BTUs/lb.) are defined by ASTM (Vol. 05.06) D121.0l, "Standard Terminology of Coal and Coke." (b) The term sulfur dioxide as used in this Agreement means a value calculated from the gross calorific value and coal sulfur, each given on the same moisture basis, using the formula below: Sulfur dioxide = (20,000) (% Sulfur) I Gross Calorific Value (BTUs/lb.) For example, assume for a specific ****** ton lot an as-received gross calorific value of ****** BTUs/lb and an as-received coal sulfur of ******%. The sulfur dioxide value for this lot is then, Sulfur dioxide (SO2) = (20,000) (******) /****** - ****** lbs SO2/MMBTU (c) The coal shall be substantially free from impurities and shall conform to the following specifications on an as-received moisture basis. Minimum Maximum Average BTUs/lb (ar) ****** ****** ****** Ash % (ar) ****** ****** ****** Moisture % ****** ****** ****** Sulfur Dioxide (lbs. SO2/MMBTU) ****** ****** ****** Calcium Oxide (CaO) % in Ash ****** ****** ****** Iron Oxide ...

Coal Specifications. (a) The initial Coal Specifications shall be those set forth on Schedule 9.1(a). During the Term, Generator may change the Coal Specifications from time to time. Notification of any such change shall be made in writing to Producer and to the Coal Consultant. Upon notification of a change in the Coal Specifications, at Producer’s request, Generator shall provide Producer with a sample of the new coal. Notwithstanding the preceding provisions of this Section 9.1(a), any change in the Coal Specifications shall apply only with respect to Producer Coal acquired by Producer after receipt of notification of such change. (b) Generator’s obligation to purchase and take Resold Coal under this Agreement is subject to such Resold Coal satisfying the Coal Specifications. Producer will provide Generator with prompt written notice of any determination by Producer that any Resold Coal does not satisfy the Coal Specifications. If the characteristics of Resold Coal delivered to Generator, as determined by Producer’s analysis of any sample determined in a reasonable and reliable manner, do not satisfy the Coal Specifications, Generator shall have the right, but not the obligation, by notice given orally to Producer followed promptly by written notice to Producer, to suspend acceptance of such Resold Coal pending either the resolution of any disputed analysis results or the reasonable resolution of other alleged non-compliance. If Generator elects to so suspend, Producer shall cease delivering any such Resold Coal to Generator until the issue has been reasonably resolved.

Coal Specifications. ‌ (a) Producer acknowledges that it is responsible for determining whether the Coal satisfies the Coal Specifications. Producer acknowledges that the Coal Specifications for Coal sold by Generator under this Agreement are determined by testing at the place where Coal is loaded for delivery to the Power Plant, and agrees that the specifications determined by such testing shall be conclusive with respect to whether such Coal satisfies the Coal Specifications. Generator shall provide Producer with the results of such testing upon Producer’s request. If Coal does not satisfy the Coal Specifications, Producer may accept or reject the same. (b) Any coal accepted by Producer shall be deemed to satisfy the Coal Specifications. Producer has satisfied itself that Coal will be adequate for Producer’s production of Refined Coal. (c) Except as permitted by the Refined Coal Supply Agreement in connection with the production of Refined Coal, Producer shall not, and shall not authorize any other Person, to modify, or take any action that could reasonably be expected to modify, any Coal purchased from Generator hereunder in a manner that causes such Coal to fail to meet the Coal Specifications.

Coal Specifications. The coal sold by SELLER and purchased by PURCHASER hereunder shall be uniformly blended; and such blend shall be consistent from Coal Car to Coal Car; shall be two and one-half inches and under in size (2-1/2" x 0") as defined in the then-current ASTM Designation D-4749 Standard Test Method for "Performing Sieve Analysis and Designating Coal Size"; shall not contain greater than {***} particles less than one-quarter (1/4) inch in size (if, in PURCHASER's sole reasonable judgment, coal handling problems occur at the destination, and SELLER is reasonably able to correct such problems at the Origin, SELLER agrees to take reasonable corrective action acceptable to PURCHASER); shall have no intermediate sizes added or removed; shall not contain coal greater than three (3) inches in any dimension and shall be substantially free of bone, slate, shale, rock, dirt, clay, fireclay, pond fines, washer fines, washer refuse, plastic, rubber, iron, roots, wood, water, debris, refuse or other

Coal Specifications. 6.1 All Coal sold and delivered under this Agreement shall be crushed, sub-bituminous, containing no synthetic fuels, substantially free from any extraneous material (including, but not limited to, mining debris, bone, slate, iron, steel, petroleum coke, earth, rock pyrite, wood or blasting wire), be Substantially consistent in quality throughout a Shipment, with no intermediate sizes to be added or removed, and otherwise meeting the specifications of this Agreement (“Coal”). 6.2 Except as provided under Article 6.3, all Coal delivered hereunder shall be sourced from the Black Thunder Mine located in the Powder River Basin of Wyoming, and shall meet the specifications for PRB 8800 as follows: Characteristic Base Standard Rejection Limit Btu/lb: 8800 <8600 Sulfur (%) 0.29 >0.45 Moisture (%) 27.0 >30.0 Ash (%) 5.5 >7.5 Sodium (%) 1.2 >2.8 Top Size (inches) <3 N/A 6.3 Upon 45 days written notice to Seller prior to any scheduled Shipment, Buyer shall have the right to have Seller deliver Coal meeting PRB 8400 specifications, with Seller having the right to source such Coal from any of the Rawhide, Buckskin, Eagle Butte, or Dry Fork mines located in the Powder River Basin of Wyoming. Any PRB 8400 Coal delivered hereunder shall meet the following specifications: Characteristic Base Standard Rejection Limit Btu/lb: 8400 <8200 Sulfur (%) 0.29 >0.45 Moisture (%) 30.0 >32.0 Ash (%) 5.5 >8.0 Sodium (%) 1.2 2.8 Top Size (inches) <3 N/A

Coal Specifications. The Coal sold by Seller and purchased by the Buyer hereunder shall be blended in accordance with the Applicable Standards and Procedures and such blend shall be (i) reasonably consistent for each Consignment, and (ii) shall be reasonably free of bone, shale, rock, dirt, and clay, and free of extraneous materials that shall include, but not be limited to plastic, rubber, iron, steel, wood, and other waste materials. The Seller shall inspect and remove any extraneous material from each Identified Heap prior to loading at the Loading Point. The Seller shall indemnify and hold the Buyer harmless for any foreseeable damage caused to the Buyer's equipment by any extraneous material that is proven to be loaded with the Coal by the Seller. The Surveyor shall at the time of loading of each Consignment at the Loading Point satisfy himself that the Coal delivered is free from any extraneous materials including but not be limited to plastic, Rubber, iron, steel, wood and other waste materials and shall include such finding in its Loading Point Certificate.

Coal Specifications