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•~ Figure 2.03.4(1)(c)-2 (con't) <br />' ~ coal to Atlantic as seller under this Agree- <br />' went at the tipple tunloading point for the Mining <br />Area (defined in the Contract to Mine Coal}, Bear <br />' as buyer under this agreement shall take delivery <br />' of coal at the tipple unloading point for the <br />Mining Area and shall bear the risk of loss and <br />' responsibility for the coal after delivery to <br />' Bear. <br />5. If Bear fails to deliver the quantities of coal <br />' to be delivered by it under the Contract to Mine <br />Coal because circumstances or occurrences prevent <br />delivery or as a result of default or termination <br />y J <br />1 <br />1 <br />under the Contract to Mine Coal or for any other <br />reason (whether or not such reason would be acknowledged <br />as "force majeure"), Atlantic shall be relieved of <br />its obligation to deliver coal to Bear under this <br />Agreement. <br />This Agreement shall be deemed executed by both Parties <br />1 <br />as of its effective date. <br />Bear Coal Company <br />jj'~ /, <br />resx ent <br />REVISEC May 15, 1981 <br />Atlantic Richfield Company <br />B %" <br />Y ~~ <br />Senior Vice Presi end- t ~~ <br />i~~,~ <br />-3- <br />