Coal Supply Agreement
Introduction
This Coal Supply Agreement ("Agreement") is entered into and effective as of [Effective Date] by and between [Your Company Name], with its principal place of business at [Your Company Address] ("Seller"), and BrandKat, with its principal place of business at Austin, TX 73301 ("Buyer"). The Seller and Buyer are collectively referred to as the "Parties" and individually as a "Party".
Purpose
The purpose of this Agreement is to set forth the terms and conditions under which the Seller shall supply and the Buyer shall purchase coal.
Definitions
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
"Coal" refers to the grade and type of coal as specified in Exhibit A attached hereto.
"Delivery Point" means the location where the Coal is to be delivered as specified in Section 5.
"Term" refers to the duration of this Agreement as specified in Section 3.
Supply and Purchase
Obligations of the Seller
The Seller agrees to supply the Buyer with Coal as per the specifications and quantities outlined in Exhibit A during the Term of this Agreement.
Obligations of the Buyer
The Buyer agrees to purchase and take delivery of Coal in accordance with the terms and conditions of this Agreement and to make payments as set forth in Section 6.
Term
This Agreement shall commence on the Effective Date and shall continue in full force and effect for a period of [Term Duration] unless terminated earlier in accordance with Section 9 ("Term").
Delivery
Delivery Point
The Coal shall be delivered by the Seller to the Buyer at [Delivery Location]. The risk of loss shall pass to the Buyer upon delivery of the Coal at the Delivery Point.
Delivery Schedule
The delivery of Coal shall be scheduled in accordance with Exhibit B, with all deliveries to occur on business days during normal business hours unless otherwise agreed upon by the Parties in writing.
Pricing and Payment
Price
The price of the Coal shall be as specified in Exhibit C attached hereto. Prices are exclusive of any applicable taxes, which shall be borne by the Buyer.
Payment Terms
Payment for delivered Coal shall be made by the Buyer within [Payment Term] days from the date of the Seller's invoice. Payments shall be made via [Payment Method]. In the event of late payment, the Seller shall be entitled to charge interest at the rate of [Interest Rate] per annum on the outstanding amount.
Termination
Termination for Cause
Either Party may terminate this Agreement with immediate effect if the other Party materially breaches any provision of this Agreement and fails to cure such breach within [Cure Period] days following written notice of the breach.
Termination for Convenience
Either Party may terminate this Agreement for any reason by providing the other Party with [Notice Period] days' prior written notice.
Miscellaneous
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Governing Law Jurisdiction], without regard to its conflict of laws principles.
Entire Agreement
This Agreement, including all exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, or representations, oral or written, concerning such subject matter.
Signatures
IN WITNESS WHEREOF, the Parties have executed this Coal Supply Agreement as of the Effective Date.
[Your Name]
[Your Company Name]
[Date]
Drake Feeney
BrandKat
[Date]
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