Sales Agency Agreement

Exhibit 10.30


SALES AGENCY AGREEMENT


AGREEMENT, dated October 4, 1990, between ASHLAND COAL, INC., a corporation organized under the laws of Delaware, U.S.A. ("ACI"), and SAARBERGWERKE A.G., a company organized under the laws of the Federal Republic of Germany ("SAG");


W I T N E S S E T H:


In consideration of the mutual agreements contained herein, the parties hereto agree as follows:


1. As used in this Agreement, "German Customer" shall mean a company or any subsidiaries and affiliates thereof, other than SAG and its subsidiaries and affiliates, which consumes coal in the Federal Republic of Germany.


2. ACI hereby appoints SAG as the exclusive agent of ACI for the purpose of selling, on behalf of ACI or its subsidiaries, coal to German Customers for consumption in the Federal Republic of Germany.


3. ACI shall pay to SAG, as compensation for the services of SAG under this Agreement, a commission (determined as specified in paragraph 4 of this Agreement) upon each ton of coal which is sold by ACI or any subsidiary of ACI to a German Customer for consumption in the Federal Republic of Germany and which is delivered and paid for. No commission shall be paid upon any coal not delivered and paid for, irrespective of the reason for such non-delivery or non-payment. SAG shall not be entitled to payment for any expenses incurred in connection- with its services


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hereunder, it being understood that payment of the commission will be full compensation to SAG.


4. The commission payable to SAG under paragraph 3 hereof shall be two percent of the selling price of the coal FOB the mine, irrespective of whether the actual selling price is on an FOB the mine basis. It is understood that where coal is transported by rail to a barge loading facility, the price of the coal FOB the mine means the price FOB the point of loading into the railcar. It is further understood that in Eastern Kentucky where coal is trucked directly from the mine to a barge loading facility, the price of the coal FOB the mine means the price FOB the point of loading into the barge.


5. The commission shall be payable to SAG within 10 days after the receipt by ACI of payment for the coal. 6. SAG shall use its best efforts to promote the sale of ACI coal in the Federal Republic of Germany consistent with the law and regulations of the Federal Republic of Germany and the European Community. SAG shall keep ACI informed as to the coal market in the Federal Republic of Germany. Except as otherwise agreed and subject to paragraphs 7 and 8 hereof, it is the express understanding of the parties hereto that SAG, as ACI's exclusive agent hereunder, will be in charge of a ...