Common use of Appointment of Mine Operator Clause in Contracts

Appointment of Mine Operator. 3.1.1 Subject to and in accordance with the provisions of this Agreement, Applicable Laws and the Applicable Permits, the Authority hereby appoints the Mine Operator, as the mine operator to develop and operate the Mines and to excavate Coal for Delivery thereof to the Authority for a period of [15 (fifteen)] years commencing from the Appointed Date, and the Mine Operator hereby accepts such appointment and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. Provided that, not later than 1 (one) year before the expiry of the Contract Period, the Parties may, with mutual agreement, extend the Contract Period for such further period and on such terms and conditions as the Parties may mutually agree, but not exceeding 10 (ten) years. Provided that, unless otherwise agreed by the Parties, the terms of this Agreement shall continue to apply to any extended term subject to Clause 9.1.1. Provided further that, the Contract Period shall be deemed to have expired in the event the Parties mutually agree that the Coal reserves in the Mines are exhausted or cannot be excavated on a commercially viable basis. 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Mine Operator shall be obliged or entitled (as the case may be) to: (a) access to the Site for the purpose of, and to the extent, conferred by the provisions of this Agreement; (b) finance and develop the Mines; (c) manage, operate and maintain the Mines in accordance with this Agreement; (d) excavate Coal for Delivery thereof to the Authority under and in accordance with the provisions of this Agreement; (e) receive Mining Charge from the Authority in respect of excavation and Delivery of Coal subject to and in accordance with this Agreement; (f) perform and fulfill all of the Mine Operator's obligations under and in accordance with this Agreement; (g) save as otherwise expressly provided in this Agreement, bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations of the Mine Operator under this Agreement; and (h) neither assign, transfer or sub-let or create any lien or Encumbrance on this Agreement, hereby granted or on the whole or any part of the Mines, nor sell, transfer, exchange, lease or part possession thereof, save and except as expressly permitted by this Agreement.

Appointment of Mine Operator. ‌ 3.1.1 Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, the Authority hereby appoints the Mine Operator, as the mine operator Mine Operator to explore, plan, develop and operate the Mines and to excavate Coal for Delivery thereof to the Authority for a period of [15 27 (fifteen)] years twenty-seven) years]4 or until the life of the Mines, whichever is shorter, commencing from the Appointed Datedate of Agreement, and the Mine Operator hereby accepts such appointment and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. Provided that, not later than 1 (one) year before the expiry of the Contract Period, the Parties may, with mutual agreement, extend the Contract Period for such further period and on such terms and conditions as the Parties may mutually agree, but not exceeding 10 (ten) years. Provided that, unless otherwise agreed by the Parties, the terms of this Agreement shall continue to apply to any extended term subject to Clause 9.1.1. 1. Provided further that, the Contract Period shall be deemed to have expired in the event the Parties mutually agree that the Coal reserves in the Mines are exhausted or cannot exhausted. In case any dispute arises between the Parties with respect to exhaustion of Coal reserves in the Mines, the decision of the Coal Controller Office (“CCO”) shall be excavated on a commercially viable basisfinal and binding. 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Mine Operator shall be obliged or entitled (as the case may be) to: (a) access to the Site for the purpose of, and to the extent, conferred by the provisions of this Agreement; (b) finance undertake geological exploration and preparation of Geological Report; (c) prepare and procure approval of the Mining Plan which include Mine Closure Plan; (d) prepare Detailed Project Report; (e) xxxxxxxxx R&R activities as the Pure Agent in accordance with R&R Plan; (f) procure all necessary permits and statutory clearances as per Applicable Law and Applicable Permits; (g) finance, manage and develop the Mines; 4 To be finalized as per time allotted for CP completion, considering the Performance Period as 25 years. (h) operate and maintain the Mines; (c) manage, operate and maintain the Mines in accordance with this Agreement; (di) excavate Coal for Delivery thereof to the Authority under and in accordance with the provisions of this Agreement; (ej) receive the Exploration Charge from the Authority in respect of exploration and preparation of the Geological Report subject to and in accordance with this Agreement on completion of exploration and Authority’s written approval of the Geological Report; (k) receive the Mining Charge from the Authority in respect of excavation excavation/ and Delivery of Coal subject to and in accordance with this Agreement; (fl) perform and fulfill all of the Mine Operator's obligations under and in accordance with this Agreement; (gm) save as otherwise expressly provided in this Agreement, bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations of the Mine Operator under this Agreement; and (hn) neither assign, transfer or sub-let or create any lien or Encumbrance on this Agreement, hereby granted or on the whole or any part of the Mines, nor sell, transfer, exchange, lease lease, encumber or part possession thereof, save and except as expressly permitted by this Agreement. It is hereby clarified that any assignment, transfer or sub-let of, or creation of any lien or Encumbrance on, this Agreement or on the whole or any part of the Mines as may be expressly permitted under this Agreement, shall be subject to the prior written consent of the Authority, which shall not be unreasonably withheld by the Authority.

Appointment of Mine Operator. 3.1.1 Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, the Authority hereby appoints authorizes the Mine Operator,to re-open, as the mine operator to develop and operate the Mines and to excavate Coal excavate/extractCoal for Delivery and Selling of Coal thereof to the Authority for a period of25 (twenty five)years or until the proposed life of [15 (fifteen)] years the Mine, whichever is shorter, commencing from the Appointed Date, Date and thus the Mine Operator hereby accepts such appointment and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. Provided that, not later than at least 1 (one) year before the expiry of the Contract Period, the Parties may, with mutual agreement, extend the Contract Period for such further period and on such terms and conditions as the Parties may mutually agree, but not exceeding 10 (ten) years. Provided that, unless otherwise agreed by the Parties, the terms of this Agreement shall continue to apply to any extended term subject to Clause 9.1.1. Provided further that, the Contract Period shall be deemed to have expired in the event the Parties mutually agree that the Coal reserves in the Mines are exhausted or cannot exhausted. In case any dispute arises with respect to exhaustion of Coal reserves, the decision of Coal Controller Office (“CCO”)shall be excavated on a commercially viable basisfinal and binding. 3.1.2 Subject 3.1. 2Subject to and in accordance with the provisions of this Agreement, the Mine Operator shall be obliged or responsible, liable and/or entitled (as the case may be) to: (a) access to the Site for Sitefor the purpose of, and to the extent, conferred by the provisions of this Agreement; (b) finance prepare and procure approval of the Mining Plan including the plan for mine closure, R&R Plan; (c) obtain the Applicable Permits; (d) finance, re-open and develop the Mines; (ce) manage, operate and maintain the Mines in accordance with this Agreement; (df) excavate Coal safety of the Mines (g) excavate/extractCoal for Delivery thereof to the Authority under and in accordance with the provisions of this Agreement; (eh) receive Mining Charge from the Authority in respect therevenue share of excavation and Delivery Mine Operator on Selling of Coal subject Coalsubject to and in accordance with this Agreement; (fi) perform and fulfill all of the Mine Operator's obligations under and in accordance with this Agreement; (gj) save as otherwise expressly provided in this AgreementAgreementor impliedly, bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations of the Mine Operator under this Agreement; and (hk) neither assign, mortgage, transfer or sub-let or create any lien or Encumbrance on this Agreement, hereby granted or on the whole or any part of the Mines, nor sell, transfer, exchange, lease lease, encumber or part possession thereof, save and except as expressly permitted by this Agreement. It is hereby clarified that any assignment, transfer or sub-let of, or creation of any lien or Encumbrance on, this Agreement or on the whole or any part of the Mines as may be expresslypermitted under this Agreement, shall be subject to the prior written consent of the Authority, and in case, the permission sought for consent is withheld by the Authority for any reason, then the same cannot be deemed to be a consent by the Authority.

Appointment of Mine Operator. 3.1.1 Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, the Authority hereby appoints the Mine Operator, as the mine operator to develop and operate the Mines and to excavate extract Coal for Delivery thereof to the Authority for a period of [15 25 (fifteen)twenty five) years or until the life of the Mine, whichever is shorter] years commencing from the Appointed Date, and the Mine Operator hereby accepts such appointment and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. Provided that, not later than 1 (one) year before the expiry of the Contract Period, the Parties may, with mutual agreement, extend the Contract Period for such further period and on such terms and conditions as the Parties may mutually agree, but not exceeding 10 (ten) years. Provided that, unless otherwise agreed by the Parties, the terms of this Agreement shall continue to apply to any extended term subject to Clause 9.1.1. 1. Provided further that, the Contract Period shall be deemed to have expired in the event the Parties mutually agree that the Coal reserves in the Mines are exhausted or cannot be excavated extracted on a commercially viable basis. 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Mine Operator shall be obliged or entitled (as the case may be) to: (a) access to the Site for the purpose of, and to the extent, conferred by the provisions of this Agreement; (b) finance and develop the Mines; (c) manage, operate and maintain the Mines in accordance with this Agreement; (d) excavate extract Coal for Delivery thereof to the Authority under and in accordance with the provisions of this Agreement; (e) receive the Mining Charge from the Authority in respect of excavation extraction and Delivery of Coal subject to and in accordance with this Agreement; (f) perform and fulfill all of the Mine Operator's obligations under and in accordance with this Agreement; (g) save as otherwise expressly provided in this Agreement, bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations of the Mine Operator under this Agreement; and (h) neither assign, transfer or sub-let or create any lien or Encumbrance on this Agreement, hereby granted or on the whole or any part of the Mines, nor sell, transfer, exchange, lease or part possession thereof, save and except as expressly permitted by this Agreement.

Appointment of Mine Operator. 3.1.1 Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, the Authority hereby appoints authorizes the Mine Operator, as the mine operator to re-open, develop and operate the Mines and to excavate excavate/extract Coal for Delivery and Selling of Coal thereof to the Authority for a period of [15 25 (fifteen)] twenty five) years or until the proposed life of the Mine, whichever is shorter], commencing from the Appointed Date, Date and thus the Mine Operator hereby accepts such appointment and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. Provided that, not later than at least 1 (one) year before the expiry of the Contract Period, the Parties may, with mutual agreement, extend the Contract Period for such further period and on such terms and conditions as the Parties may mutually agree, but not exceeding 10 (ten) years. Provided that, unless otherwise agreed by the Parties, the terms of this Agreement shall continue to apply to any extended term subject to Clause 9.1.1. Provided further that, the Contract Period shall be deemed to have expired in the event the Parties mutually agree that the Coal reserves in the Mines are exhausted or cannot exhausted. In case any dispute arises with respect to exhaustion of Coal reserves, the decision of Coal Controller Office (“CCO”) shall be excavated on a commercially viable basisfinal and binding. 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Mine Operator shall be obliged or responsible, liable and/or entitled (as the case may be) to: (a) access to the Site for the purpose of, and to the extent, conferred by the provisions of this Agreement; (b) finance prepare and procure approval of the Mining Plan including the plan for mine closure, R&R Plan; (c) obtain the Applicable Permits; (d) finance, re-open and develop the Mines; (ce) manage, operate and maintain the Mines in accordance with this Agreement; (df) excavate safety of the Mines (g) excavate/ extract Coal for Delivery thereof to the Authority under and in accordance with the provisions of this Agreement; (eh) receive Mining Charge from the Authority in respect revenue share of excavation and Delivery Mine Operator on Selling of Coal subject to and in accordance with this Agreement; (fi) perform and fulfill all of the Mine Operator's obligations under and in accordance with this Agreement; (gj) save as otherwise expressly provided in this AgreementAgreement or impliedly, bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations of the Mine Operator under this Agreement; and (hk) neither assign, mortgage, transfer or sub-let or create any lien or Encumbrance on this Agreement, hereby granted or on the whole or any part of the Mines, nor sell, transfer, exchange, lease lease, encumber or part possession thereof, save and except as expressly permitted by this Agreement. It is hereby clarified that any assignment, transfer or sub-let of, or creation of any lien or Encumbrance on, this Agreement or on the whole or any part of the Mines as may be expressly permitted under this Agreement, shall be subject to the prior written consent of the Authority, and in case, the permission sought for consent is withheld by the Authority for any reason, then the same cannot be deemed to be a consent by the Authority.