The Governmental Imposition cost pass through portion of the Contract Price for any given year shall be subject to adjustments as provided for under Section 6.01 hereof. Of the Contract Price for any given year, $ per ton represents the initial Governmental Imposition cost pass through portion. If the Governmental Imposition occurs after ****** and if the Governmental Imposition directly increases or decreases the cost of supplying coal to TVA hereunder, either party may provide written ****** INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. The initial Governmental Imposition cost pass through portion of the Contract Price includes $ per ton for the Federal Black Lung Fee and $ per ton for the Federal Reclamation Fee. Seller shall submit to Buyer in writing, an analysis identifying the Governmental Imposition causing the cost impact and the extent of such cost impact on ownership or operation of the Mine or on the production of coal purchased hereunder and showing the calculation of the amount of change in the Base Price. Upon agreement of the parties, the then effective Base Price shall be adjusted by adding or subtracting the per ton cost of the Governmental Imposition to determine an adjusted Base Price. Notwithstanding any other provision of this Section 4.3, there shall be no change in the Contract Price as a result of any noncompliance with any Government Impositions, or any civil or criminal fines or penalties imposed for failure to comply with any Governmental Imposition currently existing or hereafter enacted.Īny adjustment to the Contract Price under this Section 4.3 will be effective as of the date the change in Governmental Imposition is effective. Manager may defer payment of the contested Governmental Imposition pending such contest so long as such deferment shall not subject the interest of Owner in the Property to forfeiture. Seller shall give prompt notice to Buyer of the amount of any such increased or decreased cost per Ton of Coal sold hereunder incurred by reason of a change of Governmental Imposition along with detailed documentation of such amount which shall be supported by Seller’s accounting records and other documents establishing the basis for the change which are subject to Buyer’s audit. If the Governmental Imposition will continue for the life of this Agreement, then the purchase price for subsequent Contract Years, if any, shall also be adjusted by the per ton amount of the Governmental Imposition. The purchase price for coal to be paid by Buyer hereunder shall then be adjusted by adding or subtracting the per ton cost of the Governmental Imposition to determine an adjusted purchase price. KU Contract # KUF02848 PRB demonstrate to Buyer that such Governmental Imposition has increased or decreased Seller's cost of owning or operating the coal mines designated as sources hereunder as it relates to the production, mining or preparation of coal from such mines for sale to Buyer under this Agreement. If any Governmental Imposition is adopted or becomes effective on or after January 1, 2002, Seller shall notify Buyer and shall ARCH COAL SALES CO., INC. Governmental Imposition means any taxes, fees, assessments or other obligations which are imposed by any government or governmental agency pursuant to any new law, regulation or ruling, or pursuant to changes in the interpretation or application of existing laws, regulations or rulings, which cause an increase or decrease in Seller's cost for the production, mining, or preparation of coal to be supplied to Buyer hereunder.
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