260.07 DELIVERY

(A) Location of Delivery: Delivery Shall be made F.O.B. buyer’s barge at seller’s delivery facility on the Ohio River between Mileposts 306 and 317 or on the Big Sandy River with all duties, entitlements, taxes, fees and other charges imposed prior to delivery on or in respect to the product paid by the seller. Delivery shall be made in accordance with applicable Federal, State and local laws.

(B) Timing of Delivery: The seller may not schedule delivery of coal earlier than the first calendar day and not later than a date such that there are a minimum of seven (7) calendar days remaining in the delivery month. The seller may not complete delivery of coal later than the last calendar day of the delivery month.

(C) Big Sandy River Delivery: The seller who delivers to a terminal on the Big Sandy River shall receive a $0.10 per ton discount below the last settlement price.

(D) Mechanical Samplers at Delivery Facility: The seller’s delivery facility must have a mechanical sampler in working condition that is bias-tested in accord with A.S.T.M. D6518.

(E) All deliveries made under these rules shall be final and there shall be no appeal.

(F) The seller shall pay all applicable barge demurrage charges if the seller is unable to deliver the coal at a rate sufficient to meet normal requirements for loading a barge. The buyer shall pay all other demurrage charges.

(G) At buyer's option, such delivery shall be made by book-out if the seller agrees to such transfer.