Common use of Additional Main Band Colliery Land Clause in Contracts

Additional Main Band Colliery Land. The Second Owner and Developer covenant as follows: 11.1. Subject always to paragraph 11.7 the Additional Main Band Colliery Land shall be restored at the same time as the remainder of the main band colliery (located within the Site) in accordance with the Main Band Colliery Restoration Scheme. 11.2. Subject always to paragraph 11.7 the Second Owner, or Developer (as the case may be) shall apply for and use all reasonable endeavours to obtain the Council’s certification that the Additional Main Band Colliery Land has been restored in accordance with the Main Band Colliery Restoration Scheme. 11.3. Subject always to paragraph 11.7 the aftercare works in respect of the Additional Main Band Colliery Land shall be undertaken in accordance with the Main Band Colliery Aftercare Scheme for a period of five years from the date that the Council certifies in writing that the works of restoration for the Additional Main Band Colliery Land are complete. 11.4. Subject always to paragraph 11.7 on the first anniversary of the Council’s certification of completion of the restoration of the Additional Main Band Colliery Land and at annual intervals afterwards for the five year period an inspection of the restored Additional Main Band Colliery Land involving representatives of the Second Owner and Developer and the Council shall be undertaken at the same time as for the remainder of the main band colliery (located within the Site). 11.5. Subject always to paragraph 11.7 within one month of each inspection, a schedule of aftercare works to be undertaken for the Additional Main Band Colliery Land in conjunction with any aftercare works for the remainder of the main band colliery (located within the Site) in the following year in accordance with the Main Band Colliery Aftercare Scheme and the requirements of the Council as a result of the inspection shall be submitted to and approved in writing by the Council. 11.6. Subject always to paragraph 11.7 each approved schedule of aftercare works for the Additional Main Band Colliery Land shall be carried out in conjunction with any aftercare works for the remainder of the main band colliery (located within the Site) in the following year (or any other period approved in writing by the Council) in accordance with the Council’s written approval. 11.7. Subject always to Paragraph 11.8 the Second Owner and Developer shall not be obliged to comply with any foregoing sub-paragraph of this paragraph 11 unless the following applies: 11.7.1. The Council pays to the Second Owner and/or Developer (as the case may be) the monies payable in full accordance with paragraph 3.2 of Schedule 3 hereof 11.7.2. Any relevant works are duly authorised in planning terms and benefit from all other forms of statutory consent authorisations and permitting 11.8. The Second Owner or the Developer shall use reasonable endeavours to obtain planning permission for any works required by sub paragraphs 11.1 to 11.6 as they affect the Additional Main Band Colliery Land.