Mining Permits a. Unless otherwise agreed in writing, Contractor shall obtain all necessary state, federal, or local mining permits and a Mine Safety and Health Administration identification number for all operations hereunder. Contractor agrees, upon termination of this Agreement by either party, to transfer or surrender, as requested by Owner, any and all mining permits and/or mining agreements obtained by or for the Contractor for mining operations, as Owner shall direct. In this connection, Contractor shall provide Owner with sufficient information to gain approval from the Illinois Department of Natural Resources, or any other federal or state governmental authority whose approval may be required, for Contractor to conduct operations on the Premises. In addition, upon request of Owner, Contractor will execute permitting forms Owner will prepare using the information and documentation supplied by Contractor.
b. To effectuate the rights and interests in this paragraph 13, Contractor hereby irrevocably appoints the Owner its true and lawful attorney, with power of substitution, for the Contractor and in the Contractor’s name, or in the Owner’s name or otherwise, for its use and benefit, (i) to assign, transfer, surrender, cancel, or terminate and take any other action with respect to or otherwise deal with the federal and state mining permits and licenses issued to or held by the Contractor, as fully and completely as if the Owner were the permittee or licensee thereunder, and (ii) to make, execute, acknowledge, and file any documents or instruments which may be required in or to effectuate such assignment, transfer, cancellation, termination, or other action with respect to such permit.
c. The power of attorney granted in this paragraph shall survive termination of this Agreement and shall survive the liquidation, dissolution, death, or incapacity of the Contractor. The powers conferred on the Owner by this paragraph are solely to protect its interests and shall not impose any duties upon the Owner to exercise any such powers. Contractor agrees to execute and deliver to Owner an instrument in recordable form, as provided for in applicable state law, to effectuate the purposes of this paragraph 13.
Mining Permits. Set forth on Schedule 4.01(h) is a list of all Mining Permits and Environmental Permits that are required to be obtained by the Company to conduct the Yellowhammer Mining Activities and the Kiewit Mining Activities and such Schedule 4.01(h) further sets forth (i) whether such permit has been issued or is pending or has been applied for and the date of issuance thereof or, in the case of any pending application, submission thereof, (ii) the amount of all surety bonds or other collateral required for the bonding of such permit, if known and as applicable to such permit, and (iii) with respect to any pending permit application, the status thereof (including a summary of the remaining conditions required to be satisfied before the Governmental Authority will issue the permit that is the subject of such application).
Mining Permits. Chaco represents and warrants that there are no mining permits currently in effect with respect to any of the Assets.
Mining Permits. Unless otherwise directed by Owner in writing, on or prior to the Commencement Date Contractor shall, in its name and at its own expense, secure any and all federal, state and/or local licenses, permits, authorizations, bonds and identification numbers required by law for performance of the Work; and Contractor shall be bound by the terms thereof, perform the Work in accordance therewith, have full responsibility therefore and pay all fees, fines and assessments related thereto. Upon request by Owner, copies of all applications made to, and of all licenses, permits, authorizations, bonds, inspection reports and compliance, non-compliance or other orders issued by, and of all plans, maps or other information filed with or furnished to, any governmental authority or agency, and of all communications had therewith concerning any of the foregoing, shall be furnished to Owner by Contractor upon Owner’s request. Responsibility for engineering required to obtain, modify, revise or modify existing and future plans of operation and reclamation permits required by the State of California, Lassen County or the Bureau of Land Management shall be the responsibility of the Owner. Bonding requirements required for obtaining, modifying, revising or modifying existing and future reclamation permits will be the responsibility of the Contractor. If this Agreement is terminated and/or Contractor is no longer performing the Work and/or is no longer the listed operator, any and all bonds placed by the Contractor must be changed within 90 days to reflect the change in listed operator.
Mining Permits. Unless otherwise directed by Owner in writing, on or prior to the Commencement Date Contractor shall, in its name and at its own expense, secure any and all federal, state and/or local licenses, permits, authorizations, bonds and identification numbers required by law for performance of the Work; and Contractor shall be bound by the terms thereof, perform the Work in accordance therewith, have full responsibility therefor and pay all fees, fines and assessments related thereto. Upon request by Owner, copies of all applications made to, and of all licenses, permits, authorizations, bonds, inspection reports and compliance, non—compliance or other orders issued by, and of all plans, maps or other information filed with or furnished to, any governmental authority or agency, and of all communications had therewith concerning any of the foregoing, shall be furnished to Owner by Contractor before they are filed with or furnished to such authority or agency, or immediately upon receipt there from. Responsibility for engineering required to obtain, modify, revise or modify existing and future reclamation permits required by the Commonwealth of Kentucky shall be the responsibility of the Owner. Bonding requirements required for obtaining, modifying, revising or modifying existing and future reclamation permits will be the responsibility of the Contractor. If this Agreement is terminated and/or Contractor is no longer performing the Work and/or is no longer the listed operator, any and all bonds placed by the Contractor must be changed within 90 days to reflect the change in listed operator.
Mining Permits. (a) The Borrower shall not cause or allow any Mxxxx Entity to hold any Mining Permit that covers or pertains, in whole or in part, to any coal reserves or lands that do not constitute part of the Leasehold Premises or the discharge of water, pollutants or material therefrom.
(b) The Borrower shall not cause or allow any Borrower Entity (other than a Mxxxx Entity) to hold any Environmental Permit that covers or pertain, in whole or in part, to any Leasehold Premises or the discharge of water, pollutants or material therefrom, including, without limitation, any such Mining Permit held by any Mxxxx Entity as of the Closing; provided, that, subject to the terms and conditions of this Agreement, any such Borrower Entity may be designated as an operator on any such Environmental Permit and may hold Mining Permits (other than Environmental Permits) in connection with; provided, further, that any instance where a Borrower Entity (other than a Mxxxx Entity) (i) is designated as an operator on any Environmental Permit held by a Mxxxx Entity, (ii) holds any such Mining Permit (other than an Environmental Permit) in connection therewith or (iii) otherwise conducts mining or other operations on any Leased Premises or portion thereof, or in other coal reserves or on lands that are subject to any Environmental Permit or other Mining Permit held by any Mxxxx Entity, shall be considered an Affiliate Transaction.
(c) The Borrower shall not, and shall not cause or allow any other Borrower Entity, to amend or modify any Mining Permit held by any Mxxxx Entity in any way that would reasonably be expected to result in a Default or a Material Adverse Effect.
Mining Permits. It shall be a condition precedent to Owner's continuing obligations under this Agreement that all federal and state mining permits and approvals for the Dickerson Pond necessary to xxx xxxxormance of this Agreement remain in full force and effect during the term hereof. Upon failure of the foregoing condition for any reason other than the gross negligence or willful misconduct of Owner, Owner shall have no further obligations under this Agreement.
Mining Permits. Obtain all mining permits and such other permits as is necessary for the development, exploration, exploitation, mining or other extraction, processing, packaging, marketing, and transportation of the Calcium Carbonate and assist CAP in obtaining the cancellation, termination, and/or release of its permits with respect to the Calcium Carbonate;
Mining Permits. Except as set forth on Schedule 2.6.5, Borrower has not held at any time, and does not now hold, nor has Borrower ever permitted the holding for the benefit of or on behalf of Borrower (it being understood and agreed that a mining permit held by a tenant under a bona fide lease from Borrower to such tenant shall not be considered held for the benefit of or on behalf of Borrower), any permit or license issued by any Governmental Authority which permits or allows the exploration, mining, drilling, extraction, production, storage, transportation or processing of coal, oil, gas or any other minerals on or at the Timberlands, and no such permit or license is required to be held by or for the benefit of or on behalf of Borrower for any operations presently carried on at the Timberlands or contemplated by Borrower. For the purpose of this Section 2.6.5, mining for sand, hard rock or gravel by Borrower is not considered mining.
Mining Permits. The Company hereby covenants that it shall not transfer or assign any of its right, title or interest in or to any of its Material Permits or any permit described on Schedule 3.1(m) once such permit is obtained.
