Common use of Mining Plans Clause in Contracts

Mining Plans. Mining plans shall be submitted to Sublessor for approval, and to Base Lessor, as and to the extent required under the terms of the applicable Base Leases, for such Base Lessor’s approval. In addition to the foregoing, Sublessee shall provide Sublessor a permit map as a matter of information, in a format acceptable to Sublessor, for any mining being permitted on the Subleased Premises at the time of permit submittal and at the time of any revisions and amendments thereof Sublessee acknowledges that Sublessor holds the Subleased Premises and adjoining properties for the purpose of maximizing the royalty revenue generated therefrom and agrees that it will work and mine the coal in accordance with said purpose and in accordance with general and detail maps and plans of mining and descriptions to be prepared by Sublessee (collectively called “Mine Plans”) and will submit a copy of same to the Sublessor in a digital format reasonably acceptable to Sublessor. Said Mine Plans shall take into consideration the entire area proposed to be developed by Sublessee, and shall make suitable provisions for (1) the proper protection of overlying and underlying seams so that they may be economically mined by Sublessor, its other lessees, sublessees, contractors, successors or assigns, and (2) the reasonable and proper removal of all the mineable and merchantable coal from the Subleased Premises. No Mine Plan shall be proposed which, if adopted, would render otherwise merchantable and mineable coal unmineable or unmerchantable or substantially more difficult or expensive to mine. The said Mine Plans shall be submitted to the Sublessor at least thirty (30) days prior to the commencement of any operation on the Subleased Premises. In the event Sublessor determines that the Mine Plans submitted by Lessee fail to comply with any of the terms of this Sublease, Sublessor shall so notify Sublessee, in which event Sublessee will modify said Mine Plans to comply with the terms and conditions hereof and of the Base Leases. No material change in, modification of, or departures from any Mine Plans so approved shall be made in the development or operation of the mine or mines except pursuant to modified Mine Plans submitted by Sublessee to Sublessor for the purpose of allowing Sublessor to determine that said modification complies with the terms of this Sublease and/or the Base Leases. Sublessor’s right to notify Sublessee that proposed mining plans fail to comply with this Sublease is a right reserved solely to protect Sublessor’s interest in the Subleased Premises and adjoining properties of Sublessor and to prevent waste and is not intended to give and shall not be construed to give Sublessor any control over Sublessee’s operations. Sublessor shall have no authority to determine the manner in which or the methods by which any of Sublessee’s mining operations are to be conducted, all of which shall be solely determined by Sublessee. Upon request, and at least annually prior to each anniversary of the Effective Date, Sublessee shall furnish Sublessor copies of data derived from any and all coal exploration activities within the Subleased Premises, including, but not limited to, driller’s logs, geophysical logs, coal laboratory analyses, and geological maps.

Mining Plans. Mining plans shall be submitted to Sublessor for approval, and to Base Lessor, as and to the extent required under the terms of the applicable Base LeasesLease, for such Base Lessor’s approval. In addition to the foregoing, Sublessee shall provide Sublessor a permit map as a matter of information, in a format acceptable to Sublessor, for any mining being permitted on the Subleased Premises at the time of permit submittal and at the time of any revisions and amendments thereof thereof. Sublessee acknowledges that Sublessor holds the Subleased Premises and adjoining properties for the purpose of maximizing the royalty revenue generated therefrom and agrees that it will work and mine the coal in accordance with said purpose and in accordance with general and detail maps and plans of mining and descriptions to be prepared by Sublessee (collectively called “Mine Plans”) and will submit a copy of same to the Sublessor in a digital format reasonably acceptable to Sublessor. Said Mine Plans shall take into consideration the entire area proposed to be developed by Sublessee, and shall make suitable provisions for (1) the proper protection of overlying and underlying seams so that they may be economically mined by Sublessor, its other lessees, sublessees, contractors, successors or assigns, and (2) the reasonable and proper removal of all the mineable and merchantable coal from the Subleased Premises. No Mine Plan shall be proposed which, if adopted, would render otherwise merchantable and mineable coal unmineable or unmerchantable or substantially more difficult or expensive to mine. The said Mine Plans shall be submitted to the Sublessor at least thirty (30) days prior to the commencement of any operation on the Subleased Premises. In the event Sublessor determines that the Mine Plans submitted by Lessee fail to comply with any of the terms of this Sublease, Sublessor shall so notify Sublessee, in which event Sublessee will modify said Mine Plans to comply with the terms and conditions hereof and of the Base LeasesLease. No material change in, modification of, or departures from any Mine Plans so approved shall be made in the development or operation of the mine or mines except pursuant to modified Mine Plans submitted by Sublessee to Sublessor for the purpose of allowing Sublessor to determine that said modification complies with the terms of this Sublease and/or the Base LeasesLease. Sublessor’s right to notify Sublessee that proposed mining plans fail to comply with this Sublease is a right reserved solely to protect Sublessor’s interest in the Subleased Premises and adjoining properties of Sublessor and to prevent waste and is not intended to give and shall not be construed to give Sublessor any control over Sublessee’s operations. Sublessor shall have no authority to determine the manner in which or the methods by which any of Sublessee’s mining operations are to be conducted, all of which shall be solely determined by Sublessee. Upon request, and at least annually prior to each anniversary of the Effective Date, Sublessee shall furnish Sublessor copies of data derived from any and all coal exploration activities within the Subleased Premises, including, but not limited to, driller’s logs, geophysical logs, coal laboratory analyses, and geological maps.

Mining Plans. Mining plans shall be submitted For the purpose of allowing AWVMC to Sublessor for approval, and to Base Lessor, as protect its economic interest in and to the extent required under Premises, the terms BayBeck Mine, the Coal and the Equipment, Independent Contractor shall, beginning on or before the Commencement Date and continuing thereafter on or before January 1 and July 1 of each year during the applicable Base Leasesterm of this Agreement, for such Base Lessor’s approval. In addition to the foregoing, Sublessee shall provide Sublessor a permit map as a matter of information, in a format acceptable to Sublessor, for any prepare mining being permitted on the Subleased Premises at the time of permit submittal plans and at the time of any revisions and amendments thereof Sublessee acknowledges that Sublessor holds the Subleased Premises and adjoining properties projections for the purpose of maximizing next succeeding 6-month period and submit such plans and projections to AWVMC for its written approval; provided, however, the royalty revenue generated therefrom proposed mining plans and agrees that it will work projections submitted on or before the Commencement Date shall show plans and mine the coal in accordance with said purpose projections to December, 1999, only. The mining plans and in accordance with general and detail maps and plans of mining and descriptions to be prepared by Sublessee (collectively called “Mine Plans”) and will submit a copy of same to the Sublessor in a digital format reasonably acceptable to Sublessor. Said Mine Plans projections shall take into consideration the amount of Coal which Independent Contractor is or may be required to deliver to AWVMC and the entire area proposed to be developed mined by SublesseeIndependent Contractor, and the mining plans and projections shall make suitable provisions for (1) the proper protection of overlying and underlying seams so that they may be economically mined by Sublessor, its other lessees, sublessees, contractors, successors or assigns, and (2) the reasonable and proper removal of all of the mineable and merchantable coal from the Subleased Premises. No Mine Plan Independent Contractor shall not begin to perform Work in any area of the Premises unless and until AWVMC approves, in writing, such mining plans and projections so that AWVMC may, among other things, verify its title to or right to mine Coal from the areas of the Premises which may be proposed which, if adopted, would render otherwise merchantable and mineable coal unmineable or unmerchantable or substantially more difficult or expensive to mine. The said Mine Plans shall be submitted subject to the Sublessor at least thirty (30) days prior to proposed mining plans and projections. Upon approval of the commencement of any operation on mining plans and projections, Independent Contractor shall diligently follow such plans and projections in performing the Subleased PremisesWork under this Agreement. In the event Sublessor determines that Independent Contractor is unable to continue performing Work in accordance with the Mine Plans submitted approved mining plans and projections, Independent Contractor shall Independent Contractor shall employ a competent licensed land surveyor or registered professional engineer to make surveys, plans and maps of its operations within the Premises, and Independent Contractor shall furnish AWVMC promptly with two (2) copies of all maps required by Lessee fail to comply with any federal, state or local law, rule or regulation. In addition, on or before the 5th day of each month during the terms term of this SubleaseAgreement, Sublessor Independent Contractor shall so notify Sublessee, in which event Sublessee will modify said Mine Plans to comply provide AWVMC with an up-to-date mine map showing the terms advancement for the preceding month and conditions hereof and of the Base Leases. No material change in, modification of, or departures from any Mine Plans so approved shall be made in the development or operation of the mine or mines except pursuant to modified Mine Plans submitted by Sublessee to Sublessor plan for the purpose of allowing Sublessor to determine that said modification complies with the terms of this Sublease and/or the Base Leases. Sublessor’s right to notify Sublessee that proposed mining plans fail to comply with this Sublease is a right reserved solely to protect Sublessor’s interest in the Subleased Premises and adjoining properties of Sublessor and to prevent waste and is not intended to give and shall not be construed to give Sublessor any control over Sublessee’s operations. Sublessor shall have no authority to determine the manner in which or the methods by which any of Sublessee’s mining operations are to be conducted, all of which shall be solely determined by Sublessee. Upon request, and at least annually prior to each anniversary of the Effective Date, Sublessee shall furnish Sublessor copies of data derived from any and all coal exploration activities within the Subleased Premises, including, but not limited to, driller’s logs, geophysical logs, coal laboratory analyses, and geological mapsnext succeeding 1-month period.

Mining Plans. Mining plans shall be submitted For the purpose of allowing AWVMC to Sublessor for approval, and to Base Lessor, as protect its economic interest in and to the extent required under Premises, the terms Sentinel Mine, the Coal and the Equipment, Independent Contractor shall, beginning on or before the Commencement Date and continuing thereafter on or before January 1 and July 1 of each year during the applicable Base Leasesterm of this Agreement, for such Base Lessor’s approval. In addition to the foregoing, Sublessee shall provide Sublessor a permit map as a matter of information, in a format acceptable to Sublessor, for any prepare mining being permitted on the Subleased Premises at the time of permit submittal plans and at the time of any revisions and amendments thereof Sublessee acknowledges that Sublessor holds the Subleased Premises and adjoining properties projections for the purpose of maximizing next succeeding 6-month period and submit such plans and projections to AWVMC for its written approval; provided, however, the royalty revenue generated therefrom proposed mining plans and agrees that it will work projections submitted on or before the Commencement Date shall show plans and mine the coal in accordance with said purpose projections to December 31, 1999. The mining plans and in accordance with general and detail maps and plans of mining and descriptions to be prepared by Sublessee (collectively called “Mine Plans”) and will submit a copy of same to the Sublessor in a digital format reasonably acceptable to Sublessor. Said Mine Plans projections shall take into consideration the amount of Coal which Independent Contractor is or may be required to deliver to AWVMC and the entire area proposed to be developed mined by SublesseeIndependent Contractor, and the mining plans and projections shall make suitable provisions for (1) the proper protection of overlying and underlying seams so that they may be economically mined by Sublessor, its other lessees, sublessees, contractors, successors or assigns, and (2) the reasonable and proper removal of all of the mineable and merchantable coal from the Subleased Premises. No Mine Plan Independent Contractor shall not begin to perform Work in any area of the Premises unless and until AWVMC approves, in writing, such mining plans and projections so that AWVMC may, among other things, verify its title to or right to mine Coal from the areas of the Premises which may be proposed which, if adopted, would render otherwise merchantable and mineable coal unmineable or unmerchantable or substantially more difficult or expensive to mine. The said Mine Plans shall be submitted subject to the Sublessor at least thirty (30) days prior to proposed mining plans and projections. Upon approval of the commencement of any operation on mining plans and projections, Independent Contractor shall diligently follow such plans and projections in performing the Subleased PremisesWork under this Agreement. In the event Sublessor determines that Independent Contractor is unable to continue performing Work in accordance with the Mine Plans submitted approved mining plans and projections, Independent Contractor shall immediately notify AWVMC in writing of its inability to continue and set forth in reasonable - 24 - 25 detail the reasons therefore. Independent Contractor shall submit revised mining plans and projections for approval by Lessee fail AWVMC as soon as possible. Independent Contractor shall employ a competent licensed land surveyor or registered professional engineer to comply make surveys, plans and maps of its operations within the Premises, and Independent Contractor shall furnish AWVMC promptly with two (2) copies of all maps required by any federal, state or local law, rule or regulation. In addition, on or before the 5th working day of each month during the terms term of this SubleaseAgreement, Sublessor Independent Contractor shall so notify Sublessee, in which event Sublessee will modify said Mine Plans to comply provide AWVMC with an up-to-date mine map showing the terms advancement for the preceding month and conditions hereof and of the Base Leases. No material change in, modification of, or departures from any Mine Plans so approved shall be made in the development or operation of the mine or mines except pursuant to modified Mine Plans submitted by Sublessee to Sublessor plan for the purpose of allowing Sublessor to determine that said modification complies with the terms of this Sublease and/or the Base Leases. Sublessor’s right to notify Sublessee that proposed mining plans fail to comply with this Sublease is a right reserved solely to protect Sublessor’s interest in the Subleased Premises and adjoining properties of Sublessor and to prevent waste and is not intended to give and shall not be construed to give Sublessor any control over Sublessee’s operations. Sublessor shall have no authority to determine the manner in which or the methods by which any of Sublessee’s mining operations are to be conducted, all of which shall be solely determined by Sublessee. Upon request, and at least annually prior to each anniversary of the Effective Date, Sublessee shall furnish Sublessor copies of data derived from any and all coal exploration activities within the Subleased Premises, including, but not limited to, driller’s logs, geophysical logs, coal laboratory analyses, and geological mapsnext succeeding 1-month period.

Mining Plans. Mining plans shall be submitted For the purpose of allowing AWVMC to Sublessor for approval, and to Base Lessor, as protect its economic interest in and to the extent required under Premises, the terms Sentinel Mine, the Coal and the Equipment, Independent Contractor shall, beginning on or before the Effective Date and continuing thereafter on or before January 1 and July 1 of each year during the applicable Base Leasesterm of this Agreement, for such Base Lessor’s approval. In addition to the foregoing, Sublessee shall provide Sublessor a permit map as a matter of information, in a format acceptable to Sublessor, for any prepare mining being permitted on the Subleased Premises at the time of permit submittal plans and at the time of any revisions and amendments thereof Sublessee acknowledges that Sublessor holds the Subleased Premises and adjoining properties projections for the purpose of maximizing next succeeding 6-month period and submit such plans and projections to AWVMC for its written approval; provided, however, the royalty revenue generated therefrom proposed mining plans and agrees that it will work projections submitted on or before the Effective Date shall show plans and mine the coal in accordance with said purpose projections to December 31, 2001. The mining plans and in accordance with general and detail maps and plans of mining and descriptions to be prepared by Sublessee (collectively called “Mine Plans”) and will submit a copy of same to the Sublessor in a digital format reasonably acceptable to Sublessor. Said Mine Plans projections shall take into consideration the amount of Coal which Independent Contractor is or may be required to deliver to AWVMC and the entire area proposed to be developed mined by SublesseeIndependent Contractor, and the mining plans and projections shall make suitable provisions for (1) the proper protection of overlying and underlying seams so that they may be economically mined by Sublessor, its other lessees, sublessees, contractors, successors or assigns, and (2) the reasonable and proper removal of all of the mineable and merchantable coal from the Subleased PremisesPremises using modern and efficient mining practices. No Mine Plan Independent Contractor shall not begin to perform Work in any area of the Premises unless and until AWVMC approves, in writing, such mining plans and projections so that AWVMC may, among other things, verify its title to or right to mine Coal from the areas of the Premises which may be proposed which, if adopted, would render otherwise merchantable and mineable coal unmineable or unmerchantable or substantially more difficult or expensive to mine. The said Mine Plans shall be submitted subject to the Sublessor at least thirty (30) days prior to proposed mining plans and projections. Upon approval of the commencement of any operation on mining plans and projections, Independent Contractor shall diligently follow such plans and projections in performing the Subleased PremisesWork under this Agreement. In the event Sublessor determines that Independent Contractor is unable to continue performing Work in accordance with the Mine Plans submitted approved mining plans and projections, Independent Contractor shall immediately notify AWVMC in writing of its inability to continue and set forth in reasonable detail the reasons therefore. Independent Contractor shall submit revised mining plans and projections for approval by Lessee fail AWVMC as soon as possible. Independent Contractor shall employ a competent licensed land surveyor or registered professional engineer to comply make surveys, plans and maps of its operations within the Premises, and Independent Contractor shall furnish AWVMC promptly with two (2) copies of all maps required by any federal, state or local law, rule or regulation. In addition, on or before the 5th working day of each month during the terms term of this SubleaseAgreement, Sublessor Independent Contractor shall so notify Sublessee, in which event Sublessee will modify said Mine Plans to comply provide AWVMC with an up-to-date mine map showing the terms advancement for the preceding month and conditions hereof and of the Base Leases. No material change in, modification of, or departures from any Mine Plans so approved shall be made in the development or operation of the mine or mines except pursuant to modified Mine Plans submitted by Sublessee to Sublessor plan for the purpose of allowing Sublessor to determine that said modification complies with the terms of this Sublease and/or the Base Leases. Sublessor’s right to notify Sublessee that proposed mining plans fail to comply with this Sublease is a right reserved solely to protect Sublessor’s interest in the Subleased Premises and adjoining properties of Sublessor and to prevent waste and is not intended to give and shall not be construed to give Sublessor any control over Sublessee’s operations. Sublessor shall have no authority to determine the manner in which or the methods by which any of Sublessee’s mining operations are to be conducted, all of which shall be solely determined by Sublessee. Upon request, and at least annually prior to each anniversary of the Effective Date, Sublessee shall furnish Sublessor copies of data derived from any and all coal exploration activities within the Subleased Premises, including, but not limited to, driller’s logs, geophysical logs, coal laboratory analyses, and geological mapsnext succeeding 1-month period.

Mining Plans. Mining plans shall be submitted For the purpose of allowing AWVMC to Sublessor for approval, and to Base Lessor, as protect its economic interest in and to the extent required under Premises, the terms BayBeck Mine, the Coal and the Equipment, Independent Contractor shall, beginning on or before the Commencement Date and continuing thereafter on or before January 1 and July 1 of each year during the applicable Base Leasesterm of this Agreement, for such Base Lessor’s approval. In addition to the foregoing, Sublessee shall provide Sublessor a permit map as a matter of information, in a format acceptable to Sublessor, for any prepare mining being permitted on the Subleased Premises at the time of permit submittal plans and at the time of any revisions and amendments thereof Sublessee acknowledges that Sublessor holds the Subleased Premises and adjoining properties projections for the purpose of maximizing next succeeding 6-month period and submit such plans and projections to AWVMC for its written approval; provided, however, the royalty revenue generated therefrom proposed mining plans and agrees that it will work projections submitted on or before the Commencement Date shall show plans and mine the coal in accordance with said purpose projections to December, 2001, only. The mining plans and in accordance with general and detail maps and plans of mining and descriptions to be prepared by Sublessee (collectively called “Mine Plans”) and will submit a copy of same to the Sublessor in a digital format reasonably acceptable to Sublessor. Said Mine Plans projections shall take into consideration the amount of Coal which Independent Contractor is or may be required to deliver to AWVMC and the entire area proposed to be developed mined by SublesseeIndependent Contractor, and the mining plans and projections shall make suitable provisions for (1) the proper protection of overlying and underlying seams so that they may be economically mined by Sublessor, its other lessees, sublessees, contractors, successors or assigns, and (2) the reasonable and proper removal of all of the mineable and merchantable coal from the Subleased Premises. No Mine Plan Independent Contractor shall not begin to perform Work in any area of the Premises unless and until AWVMC approves, in writing, such mining plans and projections so that AWVMC may, among other things, verify its title to or right to mine Coal from the areas of the Premises which may be proposed which, if adopted, would render otherwise merchantable and mineable coal unmineable or unmerchantable or substantially more difficult or expensive to mine. The said Mine Plans shall be submitted subject to the Sublessor at least thirty (30) days prior to proposed mining plans and projections. Upon approval of the commencement of any operation on mining plans and projections, Independent Contractor shall diligently follow such plans and projections in performing the Subleased PremisesWork under this Agreement. In the event Sublessor determines that Independent Contractor is unable to continue performing Work in accordance with the Mine Plans submitted approved mining plans and projections, Independent Contractor shall immediately notify AWVMC in writing of its inability to continue and set forth in reasonable detail the reasons therefor. Independent Contractor shall submit revised mining plans and projections for approval by Lessee fail AWVMC as soon as possible. Independent Contractor shall employ a competent licensed land surveyor or registered professional engineer to comply make surveys, plans and maps of its operations within the Premises, and Independent Contractor shall furnish AWVMC promptly with two (2) copies of all maps required by any federal, state or local law, rule or regulation. In addition, on or before the 5th day of each month during the terms term of this SubleaseAgreement, Sublessor Independent Contractor shall so notify Sublessee, in which event Sublessee will modify said Mine Plans to comply provide AWVMC with an up-to-date mine map showing the terms advancement for the preceding month and conditions hereof and of the Base Leases. No material change in, modification of, or departures from any Mine Plans so approved shall be made in the development or operation of the mine or mines except pursuant to modified Mine Plans submitted by Sublessee to Sublessor plan for the purpose of allowing Sublessor to determine that said modification complies with the terms of this Sublease and/or the Base Leases. Sublessor’s right to notify Sublessee that proposed mining plans fail to comply with this Sublease is a right reserved solely to protect Sublessor’s interest in the Subleased Premises and adjoining properties of Sublessor and to prevent waste and is not intended to give and shall not be construed to give Sublessor any control over Sublessee’s operations. Sublessor shall have no authority to determine the manner in which or the methods by which any of Sublessee’s mining operations are to be conducted, all of which shall be solely determined by Sublessee. Upon request, and at least annually prior to each anniversary of the Effective Date, Sublessee shall furnish Sublessor copies of data derived from any and all coal exploration activities within the Subleased Premises, including, but not limited to, driller’s logs, geophysical logs, coal laboratory analyses, and geological mapsnext succeeding 1-month period.