automated-analytics/fin · Datasets at Hugging Face

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ARTICLE X MISCELLANEOUS

<response> ARTICLE X MISCELLANEOUS </response>

201

Section 10 . 1 Notices .

<response> Section 10 . 1 Notices . </response>

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All notices or other communications under this Loan Agreement will be sufficiently given and will be deemed given when delivered or mailed as provided in the Indenture .

<response> All notices or other communications under this Loan Agreement will be sufficiently given and will be deemed given when delivered or mailed as provided in the Indenture . </response>

203

Section 10 . 2 Binding Effect .

<response> Section 10 . 2 Binding Effect . </response>

204

This Loan Agreement will inure to the benefit of and will be binding upon the Issuer , the Company and their respective successors and assigns , subject , however , to the limitations contained in Section 6 . 1 .

<response> This Loan Agreement will inure to the benefit of and will be binding upon the Issuer , the Company and their respective successors and assigns , subject , however , to the limitations contained in Section 6 . 1 . </response>

205

Section 10 . 3 Severability .

<response> Section 10 . 3 Severability . </response>

206

If any provision of this Loan Agreement is determined to be unenforceable at any time , that will not affect any other provision of this Loan Agreement or the enforceability of that provision at any other time .

<response> If any provision of this Loan Agreement is determined to be unenforceable at any time , that will not affect any other provision of this Loan Agreement or the enforceability of that provision at any other time . </response>

207

Section 10 . 4 Amendments .

<response> Section 10 . 4 Amendments . </response>

208

After the issuance of the Bonds , this Loan Agreement may not be effectively amended or terminated without the written consent of the Trustee and , if a Letter of Credit is in effect , the Bank and in accordance with the provisions of the Indenture .

<response> After the issuance of the Bonds , this Loan Agreement may not be effectively amended or terminated without the written consent of the Trustee and , if a Letter of Credit is in effect , the <organization>Bank</organization> and in accordance with the provisions of the Indenture . </response>

209

Section 10 . 5 Right of Company To Perform Issuer ' s Agreements .

<response> Section 10 . 5 Right of Company To Perform Issuer ' s Agreements . </response>

210

The Issuer irrevocably authorizes and empowers the Company to perform in the name and on behalf of the Issuer any agreement made by the Issuer in this Loan Agreement or in the Indenture which the Issuer fails to perform in a timely fashion if the continuance of such failure could result in an Event of Default .

<response> The Issuer irrevocably authorizes and empowers the Company to perform in the name and on behalf of the Issuer any agreement made by the Issuer in this Loan Agreement or in the Indenture which the Issuer fails to perform in a timely fashion if the continuance of such failure could result in an Event of Default . </response>

211

This Section will not require the Company to perform any agreement of the Issuer .

<response> This Section will not require the Company to perform any agreement of the Issuer . </response>

212

Section 10 . 6 Applicable Law .

<response> Section 10 . 6 Applicable Law . </response>

213

This Loan Agreement will be governed by and construed in accordance with the laws of the Commonwealth .

<response> This Loan Agreement will be governed by and construed in accordance with the laws of the <location>Commonwealth</location> . </response>

214

Section 10 . 7 Captions ; References to Sections .

<response> Section 10 . 7 Captions ; References to Sections . </response>

215

The captions in this Loan Agreement are for convenience only and do not define or limit the scope or intent of any provisions or Sections of this Loan Agreement .

<response> The captions in this Loan Agreement are for convenience only and do not define or limit the scope or intent of any provisions or Sections of this Loan Agreement . </response>

216

References to Articles and Sections are to the Articles and Sections of this Loan Agreement , unless the context otherwise requires .

<response> References to Articles and Sections are to the Articles and Sections of this Loan Agreement , unless the context otherwise requires . </response>

217

Section 10 . 8 Complete Agreement .

<response> Section 10 . 8 Complete Agreement . </response>

218

This Loan Agreement represents the entire agreement between the Issuer and the Company with respect to its subject matter .

<response> This Loan Agreement represents the entire agreement between the Issuer and the Company with respect to its subject matter . </response>

219

Section 10 . 9 Termination .

<response> Section 10 . 9 Termination . </response>

220

When no Bonds are Outstanding under the Indenture , the Company and the Issuer will have no further obligations under this Loan Agreement , except for the Company ' s obligations under Sections 5 . 2 , 6 . 3 , 6 . 4 , 7 . 2 and 9 . 3 .

<response> When no Bonds are Outstanding under the Indenture , the Company and the Issuer will have no further obligations under this Loan Agreement , except for the Company ' s obligations under Sections 5 . 2 , 6 . 3 , 6 . 4 , 7 . 2 and 9 . 3 . </response>

221

Section 10 . 10 Counterparts .

<response> Section 10 . 10 Counterparts . </response>

222

This Loan Agreement may be signed in several counterparts .

<response> This Loan Agreement may be signed in several counterparts . </response>

223

Each will be an original , but all of them together constitute the same instrument .

<response> Each will be an original , but all of them together constitute the same instrument . </response>

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226

Section 10 . 11 Limitation of Liability .

<response> Section 10 . 11 Limitation of Liability . </response>

227

Notwithstanding anything to the contrary provided in this Loan Agreement or the Indenture , each and every term , covenant , condition and provision of this Loan Agreement is made specifically subject to the provisions of this Section 10 . 11 .

<response> Notwithstanding anything to the contrary provided in this Loan Agreement or the Indenture , each and every term , covenant , condition and provision of this Loan Agreement is made specifically subject to the provisions of this Section 10 . 11 . </response>

228

It is specifically understood and agreed that the liability of the Company is limited to the Company ' s interest in the obligations of Pittston Coal Terminal Corporation to make payments with respect to the Bonds under Section 3 . 2 ( a )( ix ) of the Throughput Agreement and is payable solely from those payments and collateral , if any , specifically pledged for such purpose .

<response> It is specifically understood and agreed that the liability of the Company is limited to the Company ' s interest in the obligations of <organization>Pittston Coal Terminal Corporation</organization> to make payments with respect to the Bonds under Section 3 . 2 ( a )( ix ) of the Throughput Agreement and is payable solely from those payments and collateral , if any , specifically pledged for such purpose . </response>

229

Any liability or obligation of the Company arising out of or from this Loan Agreement will be a liability or obligation of and enforceable against the Company only and will not be a liability or obligation of or enforceable against any Partner of the Company individually or in its capacity as a partner .

<response> Any liability or obligation of the Company arising out of or from this Loan Agreement will be a liability or obligation of and enforceable against the Company only and will not be a liability or obligation of or enforceable against any Partner of the Company individually or in its capacity as a partner . </response>

230

Section 10 . 12 Limited Nature of Company ' s Obligations ; Pittston Terminal ' s Liability for Obligations of the Company ; Certain Decisions Regarding the Bonds .

<response> Section 10 . 12 Limited Nature of Company ' s Obligations ; <organization>Pittston Terminal</organization> ' s Liability for Obligations of the Company ; Certain Decisions Regarding the Bonds . </response>

231

As provided in the Throughput Agreement and the Agreement Regarding 2003 Brink ' s Bonds , dated as of August 15 , 2003 , among the Company , the Partners and Pittston Terminal , all of the Company ' s obligations with respect to the Bonds are payable solely from payments received by the Company from Pittston Terminal pursuant to the Throughput Agreement and Pittston Terminal shall act as the agent of the Company for purposes of making certain Company decisions relating to the Bonds .

<response> As provided in the Throughput Agreement and the Agreement Regarding 2003 Brink ' s Bonds , dated as of August 15 , 2003 , among the Company , the Partners and <organization>Pittston Terminal</organization> , all of the Company ' s obligations with respect to the Bonds are payable solely from payments received by the Company from <organization>Pittston Terminal</organization> pursuant to the Throughput Agreement and <organization>Pittston Terminal</organization> shall act as the agent of the Company for purposes of making certain Company decisions relating to the Bonds . </response>

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PENINSULA PORTS AUTHORITY OF VIRGINIA

<response> <organization>PENINSULA PORTS AUTHORITY</organization> OF <location>VIRGINIA</location> </response>

235

By : / s / Robert E . Yancey ----------------------------------------- Chairman

<response> By : / s / <person>Robert E</person> . <person>Yancey</person> ----------------------------------------- Chairman </response>

236

DOMINION TERMINAL ASSOCIATES , a General Partnership

<response> <organization>DOMINION TERMINAL ASSOCIATES</organization> , a General Partnership </response>

237

By : / s / Charles E . Brinley ----------------------------------------- President

<response> By : / s / <person>Charles E</person> . <person>Brinley</person> ----------------------------------------- President </response>

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EXHIBIT A

<response> EXHIBIT A </response>

241

DESCRIPTION OF FACILITIES -------------------------

<response> DESCRIPTION OF FACILITIES ------------------------- </response>

242

The Dominion Terminal Associates coal facility is sized to have an annual throughput of approximately 20 million tons per year .

<response> <organization>The Dominion Terminal Associates</organization> coal facility is sized to have an annual throughput of approximately 20 million tons per year . </response>

243

A total ground storage capacity of approximately 1 . 5 million tons is available .

<response> A total ground storage capacity of approximately 1 . 5 million tons is available . </response>

244

The terminal pier and loading facilities are designed to handle colliers ranging in size from 20 , 000 to 173 , 000 dwt .

<response> The terminal pier and loading facilities are designed to handle colliers ranging in size from 20 , 000 to 173 , 000 dwt . </response>

245

and barges of varying sizes .

<response> and barges of varying sizes . </response>

246

The land on which the facility is located is on the east bank of the James River in Newport News , Virginia .

<response> The land on which the facility is located is on the <location>east bank of the James River in Newport News</location> , <location>Virginia</location> . </response>

247

It is bordered on the northwest by the Pier IX coal terminal and on the southeast by the CSX Piers 14 and 15 properties which are now limited in use , the primary business of Piers 14 and 15 appearing to be the leasing of the piers .

<response> It is bordered on the <location>northwest</location> by the <location>Pier IX coal terminal</location> and on the <location>southeast</location> by the <location>CSX Piers 14 and 15</location> properties which are now limited in use , the primary business of <location>Piers 14 and 15</location> appearing to be the leasing of the piers . </response>

248

The deep water channel , approximately 50 feet deep , borders the site .

<response> The deep water channel , approximately 50 feet deep , borders the site . </response>

249

Road access to the facility is from Harbor Road , which borders the south side of the terminal site .

<response> Road access to the facility is from <location>Harbor Road</location> , which borders the <location>south</location> side of the terminal site . </response>

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1 .

251

Railroad Service .

<response> Railroad Service . </response>

252

The coal terminal facility is served by CSX Transportation , Inc . CSX brings loaded cars to the empty tracks .

<response> The coal terminal facility is served by <organization>CSX Transportation</organization> , Inc . <organization>CSX</organization> brings loaded cars to the empty tracks . </response>

253

DTA moves the loaded cars from the empty tracks into position for dumping and then moves the cars back to the empty tracks .

<response> DTA moves the loaded cars from the empty tracks into position for dumping and then moves the cars back to the empty tracks . </response>

254

2 .

255

Material Handling System .

<response> Material Handling System . </response>

256

The material handling system is designed so that coal may be unloaded from the railroad hopper cars and transported by conveyor directly to the shiploader for depositing in the holds of vessels .

<response> The material handling system is designed so that coal may be unloaded from the railroad hopper cars and transported by conveyor directly to the shiploader for depositing in the holds of vessels . </response>

257

However , most of the coal received is transported to one or two stacker / reclaimers for deposit on the ground storage piles .

<response> However , most of the coal received is transported to one or two stacker / reclaimers for deposit on the ground storage piles . </response>

258

An enclosed tandem rotary car dumper is used to unload the hopper cars two at a time .

<response> An enclosed tandem rotary car dumper is used to unload the hopper cars two at a time . </response>

259

The coal deposited in the hoppers beneath the dumper passes through a grizzly which prevents large foreign material from entering and damaging the belt conveying system .

<response> The coal deposited in the hoppers beneath the dumper passes through a grizzly which prevents large foreign material from entering and damaging the belt conveying system . </response>

260

Just prior to dumping , the rail cars pass through a thaw shed which assists in unloading during freezing weather .

<response> Just prior to dumping , the rail cars pass through a thaw shed which assists in unloading during freezing weather . </response>

261

Vibrating feeders transfer the coal from the receiving hoppers to the conveyor belts and place it on conveyor belts for elevation up above grade to a 1 , 000 - ton surge silo .

<response> Vibrating feeders transfer the coal from the receiving hoppers to the conveyor belts and place it on conveyor belts for elevation up above grade to a 1 , 000 - ton surge silo . </response>

262

The surge silo is used to increase unloading efficiency by allowing the coal to accumulate while the stacker / reclaimer is moving from one stockpile to another .

<response> The surge silo is used to increase unloading efficiency by allowing the coal to accumulate while the stacker / reclaimer is moving from one stockpile to another . </response>

263

A three - stage " as received " sampling system is provided at the 1 , 000 - ton storage silo .

<response> A three - stage " as received " sampling system is provided at the 1 , 000 - ton storage silo . </response>

264

While the unloading system is in operation , coal received may be diverted directly to waiting colliers or barges or transferred to either of two stacker / reclaimers for stacking in stockpiles .

<response> While the unloading system is in operation , coal received may be diverted directly to waiting colliers or barges or transferred to either of two stacker / reclaimers for stacking in stockpiles . </response>

265

The design rate for the receiving material handling system is 5 , 200 tons / hr .

<response> The design rate for the receiving material handling system is 5 , 200 tons / hr . </response>

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A - 1

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The reclaim system provides for reclaiming coal with either or both stacker / reclaimers and a reclaimer , then conveying it to two - 4 , 000 ton surge silos located near the pier .

<response> The reclaim system provides for reclaiming coal with either or both stacker / reclaimers and a reclaimer , then conveying it to two - 4 , 000 ton surge silos located near the pier . </response>

269

Reclaim from these surge silos goes directly to the pier - mounted shiploader for loading into the holds of coal carriers .

<response> Reclaim from these surge silos goes directly to the pier - mounted shiploader for loading into the holds of coal carriers . </response>

270

When blending two different types of coal is required , the proper percentage of each is withdrawn from each silo .

<response> When blending two different types of coal is required , the proper percentage of each is withdrawn from each silo . </response>

271

An " As Shipped " sampling system is located at the tail end of the conveyor leading to the shiploader .

<response> An " As Shipped " sampling system is located at the tail end of the conveyor leading to the shiploader . </response>

272

Belt scales are provided for both the unloading system and the shiploading system to provide the necessary information for managing the coal stockpiles , blending and as a check against the draft surveyor ' s measurement for the coal being loaded in vessels .

<response> Belt scales are provided for both the unloading system and the shiploading system to provide the necessary information for managing the coal stockpiles , blending and as a check against the draft surveyor ' s measurement for the coal being loaded in vessels . </response>

273

The design rate for the reclaim handling system is 6 , 800 tons / hr .

<response> The design rate for the reclaim handling system is 6 , 800 tons / hr . </response>

274

The shiploader and dock conveyor is rated at 6 , 500 tons / hr .

<response> The shiploader and dock conveyor is rated at 6 , 500 tons / hr . </response>

275

The higher capacity takes into account shiploader shutdowns for hatch changes .

<response> The higher capacity takes into account shiploader shutdowns for hatch changes . </response>

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Marine Facilities .

<response> Marine Facilities . </response>

278

The marine facilities include a dredge deep - water basin and shiploader pier .

<response> The marine facilities include a dredge deep - water basin and shiploader pier . </response>

279

The dredging provides access and berthing areas at the pier which extends towards shore from the Corps of Engineers ' pierhead line .

<response> The dredging provides access and berthing areas at the pier which extends towards shore from the <organization>Corps of Engineers</organization> ' pierhead line . </response>

280

An area on the south side of the pier has been dredged to a depth of 50 feet to match the existing channel .

<response> An area on the south side of the pier has been dredged to a depth of 50 feet to match the existing channel . </response>

281

The north side of the pier can be dredged to a depth of 50 feet if so necessitated by an increase in business .

<response> The north side of the pier can be dredged to a depth of 50 feet if so necessitated by an increase in business . </response>

282

The shiploader dock is designed as a finger pier with a berth on each side for loading colliers up to 173 , 000 dwt .

<response> The shiploader dock is designed as a finger pier with a berth on each side for loading colliers up to 173 , 000 dwt . </response>

283

It is provided with a trestle connection to shore .

<response> It is provided with a trestle connection to shore . </response>

284

The pier supports the shiploading conveyor and shiploader , plus a roadway with a turnaround area at the offshore end .

<response> The pier supports the shiploading conveyor and shiploader , plus a roadway with a turnaround area at the offshore end . </response>

285

Both faces of the pier are provided with a fendering system .

<response> Both faces of the pier are provided with a fendering system . </response>

286

A turning dolphin has been constructed at the outer end , connected by a walkway to the pier .

<response> A turning dolphin has been constructed at the outer end , connected by a walkway to the pier . </response>

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288

Mobile Equipment .

<response> Mobile Equipment . </response>

289

Mobile equipment is used for maintenance and operation of the coal terminal facility .

<response> Mobile equipment is used for maintenance and operation of the coal terminal facility . </response>

290

Switch engines are used to move trains while dozers are needed to assist the bucket wheel stackers and reclaimers in storing and reclaiming coal outside their reach .

<response> Switch engines are used to move trains while dozers are needed to assist the bucket wheel stackers and reclaimers in storing and reclaiming coal outside their reach . </response>

291

The following types of mobile equipment are provided for the facility :

<response> The following types of mobile equipment are provided for the facility : </response>

292

a . Track - mounted dozers with coal blades ;

<response> a . Track - mounted dozers with coal blades ; </response>

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b .

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Switch Engines ;

<response> Switch Engines ; </response>

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c . Mobile cranes ;

<response> c . Mobile cranes ; </response>

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d . Flat - bed trucks ;

<response> d . Flat - bed trucks ; </response>

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e . Pickup trucks ;

<response> e . Pickup trucks ; </response>

298

f . Automobiles ;

<response> f . Automobiles ; </response>

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g . Maintenance vehicles ; and

<response> g . Maintenance vehicles ; and </response>