Common use of Disposal or Storage of Fluids Clause in Contracts

Disposal or Storage of Fluids. Subject to Article III herein and only to the extent such disposal or storage is permitted by applicable Laws, the terms of the instruments creating the Coal Interests, and the terms of all Existing Permits/Agreements, Coal Party grants to Gas Party a license for the purpose of disposing of (i) any fluid or liquid from any Well or System within the Pennsylvania Mine Area, or (ii) any fluid or liquid from any other Gas Well or System outside of the Pennsylvania Mine Area in which such Well or System Gas Party has an interest or control, in each case, into any void owned or controlled by any Coal Party that is located in any mine in the Pennsylvania Mine Area where the underground areas thereof have been permanently closed and where such disposal or storage will not, in Coal Party’s sole, reasonable discretion, determined in good faith in accordance with prudent mining activities, affect ongoing mining operations in any way. Coal Party agrees not to object to any permit or other regulatory filing or application of Gas Party with respect to the use of any such void, including cooperation on the resolution of all regulatory proceedings and litigation. Coal Party further agrees not to object to any permit or other regulatory filing or application of Gas Party with respect to the use of a void and to timely execute any waiver or consent with respect to such permit, regulatory filing, or application upon the written request of Gas Party; and in any event, to execute such waiver or consent not less than three (3) Business Days from Coal Party’s receipt of such written request for a written waiver or consent.

Disposal or Storage of Fluids. Subject to Article ARTICLE III herein and only to the extent such disposal or storage is permitted not prohibited by applicable Laws, the terms of the instruments creating the Coal Interests, and the terms of all Existing Permits/Agreements, Coal Party hereby grants to Gas Party a license for the purpose of disposing of (i) any fluid or liquid from any Well or System within the Pennsylvania Mine Cooperation Area, or (ii) any fluid or liquid from any other Gas Well or System outside of the Pennsylvania Mine Cooperation Area in which such Well or System Gas Party has an interest or control, in each case, into any void owned or controlled by any Coal Party that is located in any mine in the Pennsylvania Mine Area where the underground areas thereof have been permanently closed and where such disposal or storage will not, in Coal Party’s sole, reasonable discretion, determined in good faith in accordance with prudent mining activities, adversely affect ongoing mining operations and/or Coal Party’s mine water treatment obligations in any wayway (unless the adverse effect on the mine water treatment obligations is an incremental increase in water treatment costs attributable to such fluid or liquid disposal and Gas Party is willing to reimburse Coal Party for such incremental increase in costs). Coal Party agrees not to object to any permit or other regulatory filing or application of Gas Party with respect to the use of any such void, including cooperation on the resolution of all regulatory proceedings and litigation. Coal Party further agrees not to object to any permit or other regulatory filing or application of Gas Party with respect to the use of a void and to timely execute any waiver or consent with respect to such permit, regulatory filing, or application upon the written request of Gas Party; and in any event, to execute such waiver or consent not less than three (3) Business Days from Coal Party’s receipt of such written request for a written waiver or consent.

Disposal or Storage of Fluids. Subject to Article III herein and only to the extent such disposal or storage is permitted by applicable Laws, the terms of the instruments creating the Coal Interests, and the terms of all Existing Permits/Agreements, Coal Party grants to Gas Party a license for the purpose of disposing of (i) any fluid or liquid from any Well or System within the Pennsylvania Mine Area, or (ii) any fluid or liquid from any other Gas Well or System outside of the Pennsylvania Mine Area in which such Well or System Gas Party has an interest or control, in each case, into any void owned or controlled by any Coal Party that is located in any mine in the Pennsylvania Mine Area where the underground areas thereof have been permanently closed and where such disposal or storage will not, in Coal Party’s sole, reasonable discretion, determined in good faith in accordance with prudent mining activities, affect ongoing mining operations in any way. Coal Party agrees not to object to any permit or other regulatory filing or application of Gas Party with respect to the use of any such void, including cooperation on the resolution of all regulatory proceedings and litigation. Coal Party further agrees not to object to any permit or other regulatory filing or application of Gas Party with respect to the use of a void and to timely execute any waiver or consent with respect to such permit, regulatory filing, or application upon the written request of Gas Party; and in any event, to execute such waiver or consent not less than three (3) Business Days from Daysfrom Coal Party’s receipt of such written request for a written waiver or consent.