Common use of Incorporation of Terms of End Customer Contract Clause in Contracts

Incorporation of Terms of End Customer Contract. A copy of the applicable terms of the End Customer Contract as amended through the Execution Date (hereinafter, the “Incorporated End Customer Contract”) is attached hereto as Exhibit A. It is the intent of the parties that except where expressly provided otherwise in this Agreement, the terms and conditions of the Incorporated End Customer Contract (including the rights, obligations and benefits of each party thereto) shall apply to Patriot as if Patriot were named as the “Contractor” thereunder and to COALSALES, as if COALSALES were named as “TVA” thereunder. Accordingly, the text of the Incorporated End Customer Contract is hereby incorporated by reference into this Agreement, with the same force and effect as if such text were fully set forth herein, subject to the modifications thereto set forth below.

Incorporation of Terms of End Customer Contract. A copy of the applicable terms of the End Customer Contract as amended through the Execution Effective Date (hereinafter, the “Incorporated End Customer Contract”) is attached hereto as Exhibit A. It is the intent of the parties that except where expressly provided otherwise in this Agreement, the terms and conditions of the Incorporated End Customer Contract (including the rights, obligations and benefits of each party thereto) shall apply to Patriot as if Patriot were named as the “Contractor” thereunder and to COALSALES, as if COALSALES were named as “TVA” thereunder. Accordingly, the text of the Incorporated End Customer Contract is hereby incorporated by reference into this Agreement, with the same force and effect as if such text were fully set forth herein, subject to the modifications thereto set forth below.