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, to the extent due to Seller’s negligence or failure to diligently apply, pursue, or maintain, 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 an Coal Properties) 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 a change in existing or a future environmental law, regulation, restriction or policy (or a change in the enforcement or interpretation thereof) adapted after the date of execution of this Agreement with respect to Coal Properties or other facilities of Seller or Producer then being utilized to provide coal hereunder.

Limitation on Environmental Force Majeure. Notwithstanding anything to the contrary set forth in §10.2 above, a delay or other failure, to the extent due to based solely on Seller’s negligence or failure to diligently apply, pursue, or maintainnegligence, 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 an Coal Properties) 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 a change in existing or a future environmental law, regulation, restriction or policy (or a change in the enforcement or interpretation thereoftherof) adapted after the date of execution of this Agreement with respect to Coal Properties or other Xxxxxxxxx facilities of Seller or Producer then being utilized to provide coal hereunder.