“Handling Fee” means the fee payable to Operator by SCRUBGRASS for all management, handling, and unloading activities hereunder which is further described in Section 5.1. “Forecast” means a statement prepared by SCRUBGRASS each year in accordance with Section 2.2 which includes, among other matters, an estimate of the tonnage of Waste Coal which SCRUBGRASS anticipates taking from the Stockpiles and an estimate of the tonnage of ash to be returned to the Stockpiles during each Contract Year. In addition, it shall be a Force Majeure Event if a substance is detected in the Ash (x) which is not regularly tested for in the sampling and testing program set forth in Exhibit D, and (y) which is damaging or detrimental to the reclamation of the site. floods, strikes and labor disputes, equipment failures (other than equipment failures that could have been prevented by regular and ordinary maintenance and repair of the equipment), and a slowdown in production or a shutdown of the Facility. “Force Majeure” or “Force Majeure Event” means occurrences beyond the reasonable control of the party affected, including without limitation, acts of God, changes of Law which prohibit the disposal of Ash as contemplated hereunder, government denial or failure to issue or renew any license or permit (so long as such denial or failure is not based upon a violation of Law or other permits held by the applicant, or other misconduct on or fault of the part of the applicant), civil strife, war, acts of a public enemy, lightning, fires, explosions, severe storms or. “Facility” means the waste coal fired small power production facility located in Scrubgrass, Pennsylvania, together with appurtenant facilities owned by SCRUBGRASS. “Effective Date” means the date of this Agreement. “Easement Agreement” means the form of Easement Agreement attached hereto as Exhibit G. ![]() “DEP” means the Pennsylvania Department of Environmental Protection. “Calendar Year” means the period of twelve (12) consecutive months beginning on January 1, 2002 and on the same day of each year thereafter for an additional twelve (12) month period during the term of this Agreement. “ Average Quality Characteristics ” means the average quality characteristics of Waste Coal from the specified Stockpile set forth in Exhibit C, and determined from the samples obtained pursuant to Exhibi t D. “Ash” means ash generated by the Facility for which the DEP has issued a beneficial use approval or any similar type of approval. NOW, THEREFORE, in consideration of the mutual covenants, undertakings and conditions set forth below, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows:Īs used herein, the following terms shall have the meanings set forth below, in both singular and plural forms: WHEREAS, SCRUBGRASS and Operator desire to enter into an arrangement for the removal of such coal refuse materials and the disposal of ash produced by the Facility on the properties which coal refuse materials are located WHEREAS, Resource Development Partners (“RDP”) assigned to Operator all of its right, title and interest in that certain Waste Disposal Agreement between RDP and SCRUBGRASS dated as of March 15, 1993 (the “Existing Agreement”) and SCRUBGRASS consented to such assignment on September 18, 2001 and WHEREAS, such coal refuse materials have no market value and Operator desires to arrange for the disposal of the coal refuse and to utilize ash produced by the Facility in the reclamation of the properties on which the coal refuse materials are located and WHEREAS, Operator has the right to remove coal refuse materials from, and to dispose of ash at, various sites in Allegheny County, Pennsylvania and plans to acquire the right to remove coal refuse materials from, and to dispose of ash at, additional sites in Allegheny County, Pennsylvania and other locations in western Pennsylvania ![]() WHEREAS, SCRUBGRASS owns a waste coal fired small power production facility in Scrubgrass, Pennsylvania for which it desires to obtain reliable sources of bituminous coal refuse materials for use as fuel in the Facility and sites for the disposal of ash produced by the Facility THIS WASTE DISPOSAL AGREEMENT, dated as of February 12, 2002, (“Agreement”), is made and entered into by and between SCRUBGRASS GENERATING COMPANY, L.P., a Delaware limited partnership (“SCRUBGRASS”), and COAL VALLEY SALES CORPORATION, a Pennsylvania corporation (the “Operator”). EXHIBIT C - WASTE COAL QUALITY CHARACTERISTICS
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