Common use of Applicant Violator System Clause in Contracts

Applicant Violator System. Each Member represents and warrants that such member, its officers, shareholders, members, subsidiaries, affiliates and any other entity that can be attributed to it under the “ownership and control” regulations issued by the office of Surface Mining (collectively, “Member Entities”) are not currently permit blocked under the Surface Mining Control and Reclamation Act of 1977 (“SMCRA”). No Member will allow to exist any violation of SMCRA or any comparable state law at any operation of a Member Entity that would cause any other Member or its Member Entities to be permit blocked. Any Member Entity which becomes permit blocked under SMCRA or any comparable state law shall provide written notice of such event to the other Members within five (5) days and shall take any and all actions necessary for the removal of such permit block within twenty (20) days’ provided, however, that if the permit block does not then or thereafter adversely affect the other Member(s) (by permit block or otherwise), the permit blocked entity may contest the permit block in good faith and by appropriate legal proceedings, provided further, however, that if the permit block does adversely affect the other Members (by permit block or otherwise), the non-permit blocked Member(s) may (i) undertake to remove the condition causing the permit block, at the permit blocked Member’s expense or (ii) purchase such permit blocked Member’s interest in the Company at the fair market value of such permit blocked Member’s interest.

Applicant Violator System. Each Member represents and warrants that such member, its officers, shareholders, members, subsidiaries, affiliates and any other entity that can be attributed to it under the “"ownership and control” " regulations issued by the office of Surface Mining (collectively, “"Member Entities”") are not currently permit blocked under the Surface Mining Control and Reclamation Act of 1977 (“"SMCRA”"). No Member will allow to exist any violation of SMCRA or any comparable state law at any operation of a Member member Entity that would cause any other Member or its Member Entities to be permit blocked. Any Member Entity which becomes permit blocked under SMCRA or any comparable state law shall provide written notice of such event to the other Members members within five (5) days and shall take any and all actions necessary for the removal of such permit block within twenty (20) days’ ; provided, however, that if the permit block does not then or thereafter adversely affect the other Member(s) members (by permit block or otherwise), the permit blocked entity may contest the permit block in good faith and by appropriate legal proceedings, provided further, however, that if the permit block does adversely affect the other Members members (by permit block or otherwise), the non-permit blocked block Member(s) may (i) undertake to remove the condition causing the permit block, at the permit blocked block Member’s 's expense or (ii) purchase such permit blocked block Member’s 's interest in the Company at the fair market then book value of such permit blocked Member’s 's interest.

Applicant Violator System. Each Member represents and warrants that such member, its officers, shareholders, members, subsidiaries, affiliates and any other entity that can be attributed to it under the “ownership and control” regulations issued by the office of Surface Mining (collectively, “Member Entities”) are not currently permit blocked under the Surface Mining Control and Reclamation Act of 1977 (“SMCRA”). No Member will allow to exist any violation of SMCRA or any comparable state law at any operation of a Member member Entity that would cause any other Member or its Member Entities to be permit blocked. Any Member Entity which becomes permit blocked under SMCRA or any comparable state law shall provide written notice of such event to the other Members members within five (5) days and shall take any and all actions necessary for the removal of such permit block within twenty (20) days’ ; provided, however, that if the permit block does not then or thereafter adversely affect the other Member(s) members (by permit block or otherwise), the permit blocked entity may contest the permit block in good faith and by appropriate legal proceedings, provided further, however, that if the permit block does adversely affect the other Members members (by permit block or otherwise), the non-permit blocked block Member(s) may (i) undertake to remove the condition causing the permit block, at the permit blocked block Member’s expense or (ii) purchase such permit blocked block Member’s interest in the Company at the fair market then book value of such permit blocked Member’s interest.

Applicant Violator System. Each Member represents and warrants that such member, its officers, shareholders, members, subsidiaries, affiliates and any other entity that can be attributed to it under the “ownership and control” regulations issued by the office of Surface Mining (collectively, “Member Entities”) are not currently permit blocked under the Surface Mining Control and Reclamation Act of 1977 (“SMCRA”). No Member will allow to exist any violation of SMCRA or any comparable state law at any operation of a Member member Entity that would cause any other Member or its Member Entities to be permit blocked. Any Member Entity which becomes permit blocked under SMCRA or any comparable state law shall provide written notice of such event to the other Members members within five (5) days and shall take any and all actions necessary for the removal of such permit block within twenty (20) days’ ; provided, however, that if the permit block does not then or thereafter adversely affect the other Member(s) members (by permit block or otherwise), the permit blocked entity may contest the permit block in good faith and by appropriate legal proceedings, provided further, however, that if the permit block does adversely affect the other Members members (by permit block or otherwise), the non-permit blocked block Member(s) may (i) undertake to remove the condition causing the permit block, at the permit blocked peiniit block Member’s expense or (ii) purchase such permit blocked block Member’s interest in the Company at the fair market then book value of such permit blocked Member’s interest.