Common use of Non-Protected Xxxxx Clause in Contracts

Non-Protected Xxxxx. In the event Coal Party reasonably anticipates needing to mine through, or shut in (including temporarily plugging) to allow mine-by of, a Non-Protected Well, Coal Party may require upon reasonable advance notice, but in no event upon less than twelve (12) months’ advance notice, that any Non-Protected Well be (a) plugged and abandoned consistent with mine-through Laws and relocated, in which event Gas Party shall bear 100% of the costs associated with plugging and abandoning such Non-Protected Well and 100% of the loss of value of such Well; provided, however, at Coal Party’s request, Gas Party shall promptly transfer such Well to Coal Party or its designee for such plugging and abandoning consistent with mine-through Laws, and Gas Party shall reimburse Coal Party for all costs associated with such plugging and abandoning; or (b) shut in, and Gas Party shall bear 100% of any damages incurred by Gas Party in connection with shutting in, including temporarily plugging, such Non-Protected Well, and if such Well can be reopened, the reopening of such Well. Coal Party shall not be liable to any other Party for any lost Gas Reserves or lost leases in the exercise of its rights under this Section 3.3(b).

Non-Protected Xxxxx. In the event Coal Party reasonably anticipates needing to mine through, or shut in (including temporarily plugging) to allow mine-by of, a Non-Protected Well, Coal Party may require upon reasonable advance notice, but in no event upon less than twelve (12) months’ advance notice, that any Non-Protected Well be (ai) plugged and abandoned consistent with mine-through Laws and relocated, in which event Gas Party shall bear 100% of the costs associated with plugging and abandoning such Non-Protected Well and 100% of the loss of value of such Well; provided, however, at Coal Party’s request, Gas Party shall promptly transfer such Well to Coal Party or its designee for such plugging and abandoning consistent with mine-through Laws, and Gas Party shall reimburse Coal Party for all costs associated with such plugging and abandoning; or (bii) shut in, and Gas Party shall bear 100% of any damages incurred by Gas Party in connection with shutting in, including temporarily plugging, such Non-Protected Well, and if such Well can be reopened, in connection with the reopening of such Well. Coal Party shall not be liable to any other Party for any lost Gas Reserves or lost leases in the exercise of its rights under this Section 3.3(b). In addition, Gas Party shall compensate Coal Party for losses incurred by Coal Party due to any lessor’s claims for damages under this Section 3.3(b) that have been finally determined.