Consideration and Approval of Overstrip Agreement Requests Sample Clauses

Consideration and Approval of Overstrip Agreement Requests a. Proposed uses of Overstrip Area lands are subject to approval by the other Party if it either owns or controls the affected fee surface, or in the case of federal or State-owned surface, it is the surface lessee. Proposed uses of Overstrip Area lands consisting of fee surface or leased surface controlled by the Party delivering an Overstrip Agreement Request are not subject to approval by the other Party (and receipt of an Overstrip Agreement Request shall serve as notice to the receiving Party that such lands will be occupied and that the Party giving notice has priority of use thereon) unless such Overstrip Area lands already are subject to an existing Overstrip Agreement Request or Overstrip Agreement that gives the other Party priority of use. A Party receiving an Overstrip Agreement Request has ten (10) days following its receipt thereof in which to acknowledge in writing its receipt thereof. Representatives of the Parties shall meet (either in person or by conference call) no later than fifteen (15) days from the date of delivery of an Overstrip Agreement Request to consider the completeness of the request and whether it satisfies the need requirement of Section 3.2. Following such meeting the Party making the Overstrip Agreement Request shall provide such additional information with respect thereto, if any, as is reasonably requested by the other Party. Approval of an Overstrip Agreement Request that is complete and satisfies the need requirement of Section 3.2 shall not be unreasonably withheld. b. Within thirty (30) days after receipt of an Overstrip Agreement Request, the Party owning or controlling the land shall notify the other Party of any surface leases or uses affecting the portions of the Overstrip Area covered by the notice that will be affected by such the activities proposed in such Overstrip Agreement Request. c. The Parties shall use commercially reasonable efforts to develop a detailed plan of use of the affected Overstrip Area lands (as more specifically described in Section 3.4) and to negotiate and enter into an Overstrip Agreement within ninety (90) days after an Overstrip Agreement Request is delivered. In the event the Parties do not agree as to whether an Overstrip Agreement Request is complete or satisfies the need requirement, or they are unable to agree on the terms of an Overstrip Agreement within said 90-day period, the matter shall be submitted to non-binding mediation pursuant to Section 7.1, and if the disagreement ...
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Related to Consideration and Approval of Overstrip Agreement Requests

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