Common use of Operations in the Coal Area Clause in Contracts

Operations in the Coal Area. With respect to the land in the Pennsylvania Mine Area that is, with respect to any calendar year, (i) currently being mined by Coal Party or (ii) identified in good faith by Coal Party as land to be mined during the following six (6) calendar years of the then-current Life of Mine Plan (such area, the “Coal Area”): (a) If Coal Party determines, in its sole discretion, that venting of Coal Gas is necessary for mine safety considerations, Coal Party shall have the right to (i) drill, vent, and/or flare holes to vent such Coal Gas; (ii) install any necessary equipment on the surface or subsurface, including pipelines and facilities, to remove such Coal Gas, and/or (iii) cause Gas Party to vent, flare, or Capture for processing and sale such Coal Gas from any existing Gas Party Well that is then Capturing Coal Gas from the Coal Gas seam or gob area in the mine at issue. Gas Party shall have the exclusive right to Capture any and all Coal Gas; provided, however, that in the event that Gas Party determines it shall not Capture sealed gob gas, then Coal Party may Capture such sealed gob gas at its discretion and sole risk and expense. (b) Coal Party shall have the absolute right to Stimulate any coal seam to degas the Pennsylvania Mine Area; provided, however, that Gas Party may elect to Stimulate any coal seam, at its sole cost and expense, upon prior written notice to Coal Party. In the event Gas Party so elects, Gas Party shall employ only standard Stimulation techniques consistent with prudent industry practices for Stimulating coal seams and shall keep Coal Party reasonably informed of any such Stimulation activities. Notwithstanding the foregoing, Gas Party may employ experimental non-standard Stimulation techniques with respect to any coal seam only with the prior written consent of Coal Party, which consent may be withheld in Coal Party’s sole discretion. (c) Gas Party shall have the right to locate and drill Xxxxx, and construct pipelines and facilities, attributable to the Gas Interests in the Coal Area, subject to Coal Party’s plugging, relocation, and shut-in rights pursuant to Section 3.3; provided, however, that Gas Party shall request the prior written consent of Coal Party with respect to the design and location of any Well prior to the drilling of any such Well, such consent not to be unreasonably withheld. Upon receiving a request from Gas Party to drill a Well, Coal Party may (i) consent to such Well and such proposed location; (ii) consent to such Well but not consent to such proposed location; or (iii) not consent to such Well and such proposed location. In the case of (i), such Well shall be a “Protected Well.” In the case of (ii) or (iii), the Parties shall meet to attempt a mutually agreeable solution, and if the Parties are unable to agree, Gas Party may nevertheless drill such Well without obtaining Coal Party’s consent, and such Well shall be a “Non-Protected Well.” (d) As of the Execution Date, the existing Xxxxx set forth on Exhibit E shall be deemed Non-Protected Xxxxx.

Operations in the Coal Area. With respect to the land in the Pennsylvania Mine Area that is, with respect to any calendar year, (i) currently being mined by Coal Party or (ii) identified in good faith by Coal Party as land to be mined during the following six (6) calendar years of the then-current Life of Mine Plan (such area, the “Coal Area”): (a) If Coal Party determines, in its sole discretion, that venting of Coal Gas is necessary for mine safety considerations, Coal Party shall have the right to (i) drill, vent, and/or flare holes to vent such Coal Gas; (ii) install any necessary equipment on the surface or subsurface, including pipelines and facilitiescompressors, to remove such Coal Gas, and/or (iii) cause Gas Party to vent, flare, or Capture for processing and sale such Coal Gas from any existing Gas Party Well that is then Capturing Coal Gas from the Coal Gas seam or gob area in the mine at issue. Gas Party shall have the exclusive right to Capture any and all Coal Gas; provided, however, that in the event that Gas Party determines it shall not Capture sealed gob gas, then Coal Party may Capture such sealed gob gas at its discretion and sole risk and expense. (b) Coal Party shall have the absolute right to Stimulate any coal seam to degas the Pennsylvania Mine Area; provided, however, that Gas Party may elect to Stimulate any coal seam, at its sole cost and expense, upon prior written notice to Coal Party. In the event Gas Party so elects, Gas Party shall employ only standard Stimulation techniques consistent with prudent industry practices for Stimulating coal seams and shall keep Coal Party reasonably informed of any such Stimulation activities. Notwithstanding the foregoing, Gas Party may employ experimental non-standard Stimulation techniques with respect to any coal seam only with the prior written consent of Coal Party, which consent may be withheld in Coal Party’s sole discretion. (c) Gas Party shall have the right to locate and drill Xxxxx, and construct midstream pipelines and facilities, attributable to the Gas Interests in the Coal Area, subject to Coal Party’s plugging, relocation, and shut-in rights pursuant to Section 3.3; provided, however, that Gas Party shall request the prior written consent of Coal Party with respect to the design and location of any Well prior to the drilling of any such Well, such consent not to be unreasonably withheld. Upon receiving a request from Gas Party to drill a Well, Coal Party may (i) consent to such Well and such proposed location; (ii) consent to such Well but not consent to such proposed location; or (iii) not consent to such Well and such proposed location. In the case of (i), such Well shall be a “Protected Well.” In the case of (ii) or (iii), the Parties shall meet to attempt a mutually agreeable solution, and if the Parties are unable to agree, Gas Party may nevertheless drill such Well without obtaining Coal Party’s consent, and such Well shall be a “Non-Protected Well.” (d) As of the Execution Date, the existing Xxxxx drilled by Gas Party and the proposed Xxxxx that have been permitted by Gas Party that are set forth on Exhibit E shall be deemed Non-Protected Xxxxx.

Operations in the Coal Area. With respect to the land in the Pennsylvania a Mine Area that is, with respect to any during the relevant calendar year, (i) currently being actively mined by Coal Party for the production of coal from Coal Party’s Coal Interests, or (ii) identified in good faith by Coal Party as land to be mined for the production of such coal during the following six ten (610) calendar years of the then-current Life of Mine Plan as shown on the Annual Coal Development Plan finalized for that Mine pursuant to Section 4.2(b)(iii) and located either (A) at a Mine where there is currently active mining for the production of such coal, or (B) at a Mine for which a mining permit has been issued and at which Coal Party has (1) secured its necessary financial commitment to proceed with such Mine and (2) commenced and is diligently pursuing material construction activities directly related to the installation of a slope or shaft for purposes of accessing such coal and is actively pursuing commencement of mining to produce such coal (such area, the “Coal Area”): (a) If Coal Party determines, in its sole discretion, that venting of Coal Gas is necessary for mine safety considerations, Coal Party shall have the right to to: (i) drill, vent, and/or flare holes to vent such Coal Gas; (ii) install any necessary equipment on the surface or subsurface, including pipelines and facilities, to remove but not Capture such Coal Gas, ; and/or (iii) cause Gas Party to vent, flare, or Capture for processing and sale such Coal Gas from any existing Gas Party Well that is then Capturing Coal Gas from the Coal Gas seam or gob area in the mine at issue. Gas Party shall have the exclusive right to Capture any and all Coal Gas; provided, however, that in the event that Gas Party determines it shall not Capture sealed gob gasGas in a Mine Area, or portion thereof, and notifies Coal Party in writing of such determination, then Coal Party may Capture such sealed gob gas Gas in that Mine Area, or portion thereof, at its discretion and sole risk and expense. In the event that Coal Party vents or flares Coal Gas within one hundred fifty feet (150 ft.) of any Gas Party well or other surface facility, then Coal Party shall maintain methane concentrations at less than 0.5%. (b) Coal Party shall have the absolute right to Stimulate any coal seam for production or to degas the Pennsylvania a Mine Area; provided, however, that Gas Party may elect to Stimulate any coal seamseam in which Coal Party has a Coal Interest, at its sole cost and expense, upon prior written notice to Coal Party. In the event Gas Party so elects, Gas Party shall employ only standard customary Stimulation techniques best practices consistent with prudent industry practices as determined by Gas Party for Stimulating such coal seams and shall keep Coal Party reasonably informed of any such Stimulation activities. Notwithstanding the foregoing, Gas Party may employ experimental non-standard Stimulation techniques with respect to any coal seam in which Coal Party has a Coal Interest only with the prior written consent of Coal Party, which such consent may shall not be withheld unreasonably withheld, conditioned, or delayed (or impose any financial or economic burdens or requirements on Gas Party other than, or in Coal Party’s sole discretionaddition to, those set forth in this Agreement). (c) Gas Party shall have the right to locate and drill Xxxxx, and construct pipelines and facilities, attributable to the Gas Interests in the Coal Areashall, subject to Coal Party’s plugging, relocation, and shut-in rights pursuant to Section 3.3, have the right to locate and drill Xxxxx, and construct pipelines and facilities, in the Coal Area that are attributable to the Gas Interests and the right to exercise its Surface Use Rights set forth in Section 5.1 below in the Coal Area, including the right to transport Third Party Gas from lands in the Coal Area or other lands and the right to support operations of Gas Party, its partners, joint venturers, co-working interest owners, and/or any of its joint ventures on lands in the Coal Area or other lands; provided, however, that, prior to drilling any Well which will have all or part of its vertical wellbore in the Coal Area at the time that Governmental Authorities issue the drilling permit for such Well, Gas Party shall request the prior written consent of Coal Party with respect to the casing design and location of any such Well prior to at the drilling vertical depth at which such Well penetrates the coal seam(s) owned or controlled by Coal Party as part of any such Wellits Coal Interests, which such consent shall not to be unreasonably withheld, conditioned, or delayed (or impose any financial or economic burdens or requirements on Gas Party other than, or in addition to, those set forth in this Agreement). Upon receiving a request from Gas Party to drill a such Well, Coal Party may may, within fifteen (15) days, (i) consent to the casing design of such Well at the foregoing depth and such its proposed location; (ii) consent to the casing design of such Well at the foregoing depth but not consent to such its proposed location; or (iii) not consent to the casing design of such Well at the foregoing depth and such its proposed location. In the case of (i), such Well shall be deemed a “Protected Well.” In the case of (ii) or (iii), the Parties Coal Party and Gas Party shall meet to attempt a mutually agreeable solutionsolution within the next subsequent fifteen (15) days, and if the Parties they are unable to agree, Gas Party may nevertheless drill such Well without obtaining Coal Party’s consent, and such Well shall be deemed a “Non-Protected Well.” (d) As Notwithstanding anything herein to the contrary and regardless of the Execution Date, the existing Xxxxx set forth on Exhibit E shall whether a Well to be drilled in a Coal Area is deemed a Protected Well or a Non-Protected Well (i) Gas Party shall, upon fifteen (15) days advance written notice to Coal Party followed by twenty four (24) hours advance written notice to Coal Party (via email or facsimile), in each case prior to commencement of drilling, have the right to drill Xxxxx through Coal Party’s Coal Interests, and (ii) Coal Party shall, after being notified of such drill plan by Gas Party, provide such window as is necessary or required for Gas Party to safely drill such Well, or Xxxxx (by way of example, but not of limitation, to drill such Xxxxx from a multi-well pad), through Coal Party’s Coal Interests, either (A) during a Coal Party scheduled idle mine shift, in which event Gas Party shall not be responsible for any costs or expenses incurred by Coal Party as a result of Gas Party’s drilling of such Well, or Xxxxx, including without limitation those associated with idling of the Mine or evacuation required by applicable Law, or (B) at Gas Party’s option, during a Coal Party scheduled active mine shift, in which event Gas Party shall be responsible for the actual costs and expenses reasonably incurred by Coal Party as a result of Gas Party’s drilling of such Well, or Xxxxx, including without limitation those associated with idling of the Mine or evacuation required by applicable Law; provided, however, that (x) Coal Party shall, within three (3) Business Days after Coal Party’s receipt of Gas Party’s fifteen (15) day advance written notice, notify Gas Party in writing of all Coal Party’s scheduled idle mine shifts that fall within the next two (2) week period, and (y) such drilling window shall, unless otherwise agreed in writing by Coal Party and Gas Party, start not less than six (6) hours, nor more than twenty four (24) hours, after Gas Party’s twenty four (24) hour advance written notice to Coal Party.

Operations in the Coal Area. With respect to the land in the Pennsylvania a Mine Area that is, with respect to any during the relevant calendar year, (i) currently being actively mined by Coal Party for the production of coal from Coal Party’s Coal Interests, or (ii) identified in good faith by Coal Party as land to be mined for the production of such coal during the following six ten (610) calendar years of the then-current Life of Mine Plan as shown on the Annual Coal Development Plan finalized for that Mine pursuant to Section 4.2(b)(iii) and located either (A) at a Mine where there is currently active mining for the production of such coal, or (B) at a Mine for which a mining permit has been issued and at which Coal Party has (1) secured its necessary financial commitment to proceed with such Mine and (2) commenced and is diligently pursuing material construction activities directly related to the installation of a slope or shaft for purposes of accessing such coal and is actively pursuing commencement of mining to produce such coal (such area, the “Coal Area”): (a) If Coal Party determines, in its sole discretion, that venting of Coal Gas is necessary for mine safety considerations, Coal Party shall have the right to to: (i) drill, vent, and/or flare holes to vent such Coal Gas; (ii) install any necessary equipment on the surface or subsurface, including pipelines and facilities, to remove but not Capture such Coal Gas, ; and/or (iii) cause Gas Party to vent, flare, or Capture for processing and sale such Coal Gas from any existing Gas Party Well that is then Capturing Coal Gas from the Coal Gas seam or gob area in the mine at issue. Gas Party shall have the exclusive right to Capture any and all Coal Gas; provided, however, that in the event that Gas Party determines it shall not Capture sealed gob gasGas in a Mine Area, or portion thereof, and notifies Coal Party in writing of such determination, then Coal Party may Capture such sealed gob gas Gas in that Mine Area, or portion thereof, at its discretion and sole risk and expense. In the event that Coal Party vents or flares Coal Gas within one hundred fifty feet (150 ft.) of any Gas Party well or other surface facility, then Coal Party shall maintain methane concentrations at less than 0.5%. (b) Coal Party shall have the absolute right to Stimulate any coal seam for production or to degas the Pennsylvania a Mine Area; provided, however, that Gas Party may elect to Stimulate any coal seamseam in which Coal Party has a Coal Interest, at its sole cost and expense, upon prior written notice to Coal Party. In the event Gas Party so elects, Gas Party shall employ only standard customary Stimulation techniques best practices consistent with prudent industry practices as determined by Gas Party for Stimulating such coal seams and shall keep Coal Party reasonably informed of any such Stimulation activities. Notwithstanding the foregoing, Gas Party may employ experimental non-standard Stimulation techniques with respect to any coal seam in which Coal Party has a Coal Interest only with the prior written consent of Coal Party, which such consent may shall not be withheld unreasonably withheld, conditioned, or delayed (or shall not impose any financial or economic burdens or requirements on Gas Party other than, or in Coal Party’s sole discretionaddition to, those set forth in this Agreement). (c) Gas Party shall have the right to locate and drill Xxxxx, and construct pipelines and facilities, attributable to the Gas Interests in the Coal Areashall, subject to Coal Party’s plugging, relocation, and shut-in rights pursuant to Section 3.3, have the right to locate and drill Xxxxx, and construct pipelines and facilities, in the Coal Area that are attributable to the Gas Interests and the right to exercise its Surface Use Rights set forth in Section 5.1 below in the Coal Area, including the right to transport Third Party Gas from lands in the Coal Area or other lands and the right to support operations of Gas Party, its partners, joint venturers, co-working interest owners, and/or any of its joint ventures on lands in the Coal Area or other lands; provided, however, that, prior to drilling any Well which will have all or part of its vertical wellbore in the Coal Area at the time that Governmental Authorities issue the drilling permit for such Well, Gas Party shall request the prior written consent of Coal Party with respect to the casing design and location of any such Well prior to at the drilling vertical depth at which such Well penetrates the coal seam(s) owned or controlled by Coal Party as part of any such Wellits Coal Interests, which such consent shall not to be unreasonably withheld, conditioned, or delayed (or shall not impose any financial or economic burdens or requirements on Gas Party other than, or in addition to, those set forth in this Agreement). Upon receiving a request from Gas Party to drill a such Well, Coal Party may may, within fifteen (15) days, (i) consent to the casing design of such Well at the foregoing depth and such its proposed location; (ii) consent to the casing design of such Well at the foregoing depth but not consent to such its proposed location; or (iii) not consent to the casing design of such Well at the foregoing depth and such its proposed location. In the case of (i), such Well shall be deemed a “Protected Well.” In the case of (ii) or (iii), the Parties Coal Party and Gas Party shall meet to attempt a mutually agreeable solutionsolution within the next subsequent fifteen (15) days, and if the Parties they are unable to agree, Gas Party may nevertheless drill such Well without obtaining Coal Party’s consent, and such Well shall be deemed a “Non-Protected Well.” (d) As Notwithstanding anything herein to the contrary and regardless of the Execution Date, the existing Xxxxx set forth on Exhibit E shall whether a Well to be drilled in a Coal Area is deemed a Protected Well or a Non-Protected Well (i) Gas Party shall, upon fifteen (15) days advance written notice to Coal Party followed by twenty four (24) hours advance written notice to Coal Party (via email or facsimile), in each case prior to commencement of drilling, have the right to drill Xxxxx through Coal Party’s Coal Interests, and (ii) Coal Party shall, after being notified of such drill plan by Gas Party, provide such window as is necessary or required for Gas Party to safely drill such Well, or Xxxxx (by way of example, but not of limitation, to drill such Xxxxx from a multi-well pad), through Coal Party’s Coal Interests, either (A) during a Coal Party scheduled idle mine shift, in which event Gas Party shall not be responsible for any costs or expenses incurred by Coal Party as a result of Gas Party’s drilling of such Well, or Xxxxx, including without limitation those associated with idling of the Mine or evacuation required by applicable Law, or (B) at Gas Party’s option, during a Coal Party scheduled active mine shift, in which event Gas Party shall be responsible for the actual costs and expenses reasonably incurred by Coal Party as a result of Gas Party’s drilling of such Well, or Xxxxx, including without limitation those associated with idling of the Mine or evacuation required by applicable Law; provided, however, that (x) Coal Party shall, within three (3) Business Days after Coal Party’s receipt of Gas Party’s fifteen (15) day advance written notice, notify Gas Party in writing of all Coal Party’s scheduled idle mine shifts that fall within the next two (2) week period, and (y) such drilling window shall, unless otherwise agreed in writing by Coal Party and Gas Party, start not less than six (6) hours, nor more than twenty four (24) hours, after Gas Party’s twenty four (24) hour advance written notice to Coal Party.