Common use of Limitation on Environmental Force Majeure Clause in Contracts

Limitation on Environmental Force Majeure. Notwithstanding anything to the contrary set forth in §10.2 above, a delay or other failure in the issuing of one or more permits (that are necessary on the date hereof pursuant to an existing environmental law, regulation, policy and/or restriction to commence operations with respect to any Coal Property) shall not be the basis, in whole or in part, of any claim by Seller under §10.2, whether such delay or failure relates to the reinterpretation of existing environmental laws, regulations, policies and/or restrictions, to a change in the interpretation, or to the enforcement thereof; provided however, this §10.3 shall not apply with respect to delays or other failures in the issuing of one or more necessary permits to the extent such permits are new permits required pursuant to an environmental law, regulation, restriction or policy adopted after September 1, 2009 with respect to the Coal Property or other Xxxxxxxxx facilities then being utilized to provide coal hereunder. In the event of the occurrence of a Section 10.2 Settlement Payment Termination Date (as such term is defined in Section 1.1 of that certain Settlement Agreement and Release entered into by the parties hereto as of even date herewith) and subsequently one or more of the permits necessary for operation of the Equality Boot mine (or other source as contemplated in Section 1.1 of the Settlement and Release) is stayed, revoked or otherwise rendered ineffective by a governmental entity having jurisdiction, nothing in this Section 10.3 shall act as a limitation on any claim that Seller may have under Section 10.2 with respect to such stayed, revoked or ineffective permits from and after the time of such stay, revocation or rendering ineffective.

Limitation on Environmental Force Majeure. Notwithstanding anything to the contrary set forth in §10.2 above, a delay or other failure in the issuing of one or more permits (that are necessary on the date hereof pursuant to an existing environmental law, regulation, policy and/or restriction to commence operations with respect to any Coal Property) shall not be the basis, in whole or in part, of any claim by Seller under §10.2l0.2, whether such delay or failure relates to the reinterpretation of existing environmental laws, regulations, policies and/or restrictions, to a change in the interpretation, or to the enforcement thereof; provided however, XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 this §10.3 shall not apply with respect to delays or other failures in the issuing of one or more necessary permits to the extent such permits are new permits required pursuant to an environmental law, regulation, restriction or policy adopted after September 1, 2009 the date of execution of this Agreement with respect to the Coal Property Properties or other Xxxxxxxxx facilities then being utilized to provide coal hereunder. In Also, if the event of parties mutually agree to waive the occurrence of a Section 10.2 Settlement Payment Termination Date condition precedent (as such term is defined provided in Section 1.1 of that certain Settlement Agreement and Release entered into by the parties hereto as of even date herewith) and subsequently one 2 above), such waiver, or more of anything in connection with the permits necessary for operation that are the subject of such waiver, shall not be the Equality Boot mine (basis, in whole or other source as contemplated in Section 1.1 part, of the Settlement and Release) is stayed, revoked or otherwise rendered ineffective by a governmental entity having jurisdiction, nothing in this Section 10.3 shall act as a limitation on any claim that by Seller may have or Buyer under Section 10.2 with respect to such stayed, revoked or ineffective permits from and after the time of such stay, revocation or rendering ineffective§10.2.

Limitation on Environmental Force Majeure. Notwithstanding anything to the contrary set forth in §10.2 above, a delay or other failure in the issuing of one or more permits (that are necessary on the date hereof pursuant to an existing environmental law, regulation, policy and/or restriction to commence operations with respect to any Coal Property) shall not be the basis, in whole or in part, of any claim by Seller under §10.2l0.2, whether such delay or failure relates to the reinterpretation of existing environmental laws, regulations, policies and/or restrictions, to a change in the interpretation, or to the enforcement thereof; provided however, 34 XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 this §10.3 shall not apply with respect to delays or other failures in the issuing of one or more necessary permits to the extent such permits are new permits required pursuant to an environmental law, regulation, restriction or policy adopted after September 1, 2009 the date of execution of this Agreement with respect to the Coal Property Properties or other Xxxxxxxxx facilities then being utilized to provide coal hereunder. In Also, if the event of parties mutually agree to waive the occurrence of a Section 10.2 Settlement Payment Termination Date condition precedent (as such term is defined provided in Section 1.1 of that certain Settlement Agreement and Release entered into by the parties hereto as of even date herewith) and subsequently one 2 above), such waiver, or more of anything in connection with the permits necessary for operation that are the subject of such waiver, shall not be the Equality Boot mine (basis, in whole or other source as contemplated in Section 1.1 part, of the Settlement and Release) is stayed, revoked or otherwise rendered ineffective by a governmental entity having jurisdiction, nothing in this Section 10.3 shall act as a limitation on any claim that by Seller may have or Buyer under Section 10.2 with respect to such stayed, revoked or ineffective permits from and after the time of such stay, revocation or rendering ineffective§10.2.