Non-Consent Years Sample Clauses

Non-Consent Years. Notwithstanding any other provision in this Agreement to the contrary, subject and pursuant to the terms and provisions of this Section 3.5, each of Noble and CONSOL shall have the right (the “Non-Consent Right”) to elect to non-consent all (but not less than all) ▇▇▇▇▇ to be drilled in the Development Area under the Annual Plan and Budget deemed approved pursuant to Section 3.3(g) during a Non-Consent Year in the event that the Joint Development Committee fails to approve an Annual Plan and Budget for such Non-Consent Year. (a) Non-Consent Right. (i) Commencing in calendar year 2013, on or prior to December 20 of any calendar year, either Noble or CONSOL may exercise its Non-Consent Right with respect to the following calendar year (such following calendar year, the “Non-Consent Year”) by giving written notice of the same to all other Parties. For clarity, no calendar year prior to 2014 can be a Non-Consent Year. For clarity, a Party electing to exercise the Non-Consent Right shall be entitled to elect to participate in any ▇▇▇▇▇ that are not included in the Annual Plan and Budget for the Non-Consent Year (being the Annual Plan and Budget deemed approved pursuant to Section 3.3(g)) proposed to be drilled by a Third Party Operator or Third Party under any Applicable Operating Agreement in the Non-Consent Year on a well-by-well basis. (ii) If either Noble or CONSOL (the “Non-Consenting Party”) exercises its Non-Consent Right for a Non-Consent Year, then (A) such Non-Consenting Party shall not be entitled or obligated to conduct, propose or otherwise participate in any ▇▇▇▇▇ included in the Annual Plan and Budget for the Non-Consent Year (being the Annual Plan and Budget deemed approved pursuant to Section 3.3(g)) for which drilling operations are commenced in the Development Area during the Non-Consent Year and (B) the other Party (the “Electing Party”) shall have the right (but not the obligation, notwithstanding anything herein to the contrary) to propose and drill each of the ▇▇▇▇▇ scheduled pursuant to the Development Plan to be drilled during such Non-Consent Year (such ▇▇▇▇▇ proposed where drilling operations are commenced, the “Non-Consent ▇▇▇▇▇”). For clarity, the Electing Party shall not be required to drill any or all of the Non-Consent ▇▇▇▇▇ and it can choose which Non-Consent Well(s) to drill during such Non-Consent Year and when such Non-Consent ▇▇▇▇▇ should be drilled. (iii) The Electing Party will have the right to become operator with respec...