Common use of Freeze Conditioning Clause in Contracts

Freeze Conditioning. Seller shall, upon the determination that it is reasonably prudent and necessary and in accordance with acceptable industry practice, freeze condition the coal delivered under this Agreement with a diethylene glycol or calcium chloride based product, or other product mutually acceptable to Buyer and Seller. Freeze conditioning shall begin on November 15 and continue through March 15 (“Treatment Season”), subject to Seller’s determination of necessity for a given shipment(s). Buyer shall pay to Seller the application fee plus the cost of the freeze conditioning product applied to the coal delivered to Buyer. Seller shall provide Buyer a copy of the MSDS data sheet for the product Seller intends to use as part of the freeze proofing process and shall update this information either 1) annually for each Treatment Season, or 2) in the event that Seller changes to another product to achieve this purpose. Seller shall provide Buyer with an invoice reflecting the per ton cost of the application, and advise Buyer at least thirty (30) days prior to the beginning of the applicable Treatment Season. Said price shall be fixed and in effect for the applicable Treatment Season. Buyer shall be entitled to review or audit documents necessary to confirm all such application costs.