Coal and Surface Costs Sample Clauses

Coal and Surface Costs. Coal and surface costs: (i) The tonnage royalty under leases (including a proration of lease bonus payments, rental payments and other capitalized leasehold expenses), appraisals, easements, surface damage payments, third party xxxxxxx costs, lease renewal payments, drilling and exploration payments, recording fees, property taxes (including reimbursement to private owners if industrial taxes are greater than agricultural taxes), current delay rental on surface and coal lands and all other current expense of maintaining leaseholds, including reasonable attorneys’ fees and other legal expenses for abstracts and title opinions and for land and lease title curative or research activities but excluding royalty payments made by Falkirk under the Sublease Agreement to any Affiliate of Falkirk and any other overriding or other royalties payable by Falkirk to any Affiliate of Falkirk; (ii) Depletion of the capital cost of any coal acquired by Falkirk in fee, based upon estimated reserves; and (iii) [****] ($[****]) per Ton of either fee or leasehold coal mined from the Xxxxxxxxx Coal Field only as required by agreements in existence prior to the Effective Date, which shall be paid by Falkirk to CSTL LLC, a Delaware limited liability company, or its successors and assigns. Provided, however, that Falkirk shall credit against the amounts described in clauses (i), (ii) and (iii) above an amount equal to all third party lease income derived from Falkirk Real Property (e.g., consideration for entering into and holding easement, access and lease agreements, farming and grazing rents) and any interest income on cash posted by Rainbow to satisfy its obligation to post a performance bond in favor of the Commission as required in Section 3.4.