Exclusion Areas Clause Samples
Exclusion Areas. Notwithstanding any other provision of this Agreement, the Company may not mine or enter upon any portion of the Kentucky #8 seam of coal situated within the “No Mining Boundary” depicted on the map attached hereto and incorporated herein by reference as Exhibit C (herein referred to as the “Exclusion Areas”) without the prior written consent of Cyprus granting the Company the right to mine or enter upon all or any portion of the Exclusion Areas. The granting of any such consent shall be within the sole discretion of Cyprus and its refusal to provide any such consent shall not constitute a failure by Cyprus to remit its initial capital contribution or otherwise constitute a material act in contravention of this Agreement. The Company shall subordinate its interests in the coal reserves located within the Exclusion Areas upon request of the surface owner or its lessee of those areas. In the event Cyprus, in its sole discretion, grants consent to lift the prohibition against mining within the Exclusion Areas, the Company shall have the first right to mine the Kentucky #8 seam of coal situated within the No Mining Boundary.
Exclusion Areas. 1. No ground disturbing activities will occur on the tops and sides of site 48CA268. The tops and bases of the relevant buttes are defined as follows, based on 1:24,000 USGS topographic quadrangles for the area: North Middle Butte: Top = 6,000-ft contour line; Base = 5,500-ft contour line South Middle Butte: Top = 5,920-ft contour line; Base = 5,500-ft contour line And, within the physical boundaries of sites 48CA6148, 48CA6748, 48CA6751, and 48CA6753.