Common use of Quality and Specifications Clause in Contracts

Quality and Specifications. If the End Customer elects to terminate the End Customer Contract pursuant to its rights under Section 9.f thereof, then COALSALES shall have the right, at its sole option, to continue to purchase up to 3,500,000 tons of Quality A coal per year under this Agreement for the remainder of the term of this Agreement or to concurrently terminate this Agreement. COALSALES will use commercially reasonable efforts to pursue all rights and defenses it may have against End Customer under the End Customer Contract to avoid such termination of the End Customer Contract. COALSALES will also work with Patriot in good faith to avoid such termination of the End Customer Contract.

Appears in 2 contracts

Sources: Coal Supply Agreement (Patriot Coal CORP), Coal Supply Agreement (Patriot Coal CORP)

Quality and Specifications. If the End Customer elects to terminate the End Customer Contract pursuant to its rights under Section 9.f thereof, then COALSALES shall have the right, at its sole option, to continue to purchase up to 3,500,000 tons of Quality A coal per year under this Agreement for the remainder of the term of this Agreement or to concurrently terminate this Agreement. COALSALES will use commercially reasonable efforts to pursue all rights and defenses it may have against End Customer under the End Customer Contract to avoid such termination of the End Customer Contract. COALSALES will also work with Patriot in good faith to avoid such termination of the End Customer Contract. 3.10 Section 10. (

Appears in 1 contract

Sources: Coal Supply Agreement (Patriot Coal CORP)