Abandoned and Lost Coal Sample Clauses

Abandoned and Lost Coal. Lessee shall not retreat from, bypass or otherwise abandon or render unmineable any Coal which has not previously been stipulated by the parties through approved mining plans to be not "mineable or merchantable" without having first given Lessor at least ten (10) days written notice thereof, defining the area and the tonnage proposed to be abandoned and giving the reasons therefor. Any dispute between the Lessor and Lessee as to abandonment of Coal shall be submitted promptly to a qualified engineer mutually acceptable to the parties, and his decision shall be binding. In the event the parties are unable to agree upon the selection of an engineer, the dispute shall be submitted promptly to binding arbitration as provided in Section 23 below. The failure of Lessee to afford Lessor prior notice of its intention to retreat from, bypass or otherwise abandon or render unmineable any Coal under this Lease shall create a rebuttable presumption that such Coal was "mineable and merchantable" which may be overcome by a preponderance of the evidence to the contrary. Lessee shall pay royalty at the rate stipulated herein for all mineable and merchantable Coal, whether in place or mined, which is abandoned, lost in place, or destroyed by fire, explosion or other means, if such loss is proximately caused by the negligence of Lessee, its employees, contractors, agents or other representatives. Calculation of royalty due for such Coal shall be based upon the most recent tonnage rate and gross sales price data for comparable quality coal sales by Lessee for the six (6) months preceding the date the Coal was determined to have been lost or at the minimum royalty rate specified in the Lease if no comparable data is available. Coal which is lost in place shall be paid for on the basis of an assumed recovery rate of Ninety Percent (90%) or the rate of actual recovery based upon Lessee's prior experience in the same coal seam on the Property, whichever is less. If Lessee subsequently mines and removes any Coal which has been bypassed and paid for within the contemplation of this Section, Lessee shall not be liable for any additional royalty for such Coal.
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Related to Abandoned and Lost Coal

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