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. i~ _ 1C0., _i <br />L`.J <br />ccal to Atlantic as seller under this Agree- <br />ment at the tipple unloading 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 />• <br />Coal because circumstances or occurrences prevent <br />delivery or as a result of default or termination <br />under the Contract to Mine Coal or for any other <br />reason (whether or not such reason would be acknowlec~~ <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 />as of its effective date. <br /> <br />Bear Coal Company <br />.~ ;~ .ij <br />Bye . (. , ~lz ~, cr. ~ -~"1-.- <br />resi3ent <br />^.rvlsr,~ slay ls, 19s1 <br />Atlantic Richfield Company <br />y <br />Senior Vice Yresi ent U ~~i <br />,}./ <br />-~- <br />