Overstrip Agreement Requests; Requirements; Priority of Use Sample Clauses

Overstrip Agreement Requests; Requirements; Priority of Use a. A Party desiring to obtain an Overstrip Agreement granting it an Overstrip Easement on any portion of the Overstrip Area owned or controlled by the other Party and/or desiring to establish priority of use with respect to lands it owns or controls shall provide written notice to the other Party (an “Overstrip Agreement Request”) no later than one hundred eighty (180) days prior to the date on which such activities are to commence. b. A Party making an Overstrip Agreement Request must reasonably demonstrate its need for an Overstrip Easement based on the coal lease rights it holds and the planned timing of its Operations on the applicable portion of the Overstrip Area in accordance with prudent mining practices. No Party may provide an Overstrip Agreement Request until such time as it holds the right to mine coal in the land adjacent to or underlying the portion of Overstrip Area covered by such request. c. An Overstrip Agreement Request shall specify the Overstrip Area to be used, the commencement date and description of the proposed Mining and/or other activities to be conducted, and the expected duration of the proposed activities. The Overstrip Agreement Request also shall include a schematic plan and map showing the uses to be made of the Overstrip Area and the planned duration of such uses, such that it provides sufficient information from which to make a reasoned judgment of whether the request is limited to reasonable uses and duration of the applicable Overstrip Area lands and of possible conflicts between the Parties’ respective activities affecting such Overstrip Area lands. d. Subject to the provisions of Section 3.3, the first Party to provide an Overstrip Agreement Request and satisfy the need requirement of this Section 3.2 shall be entitled to receive an Overstrip Agreement granting it priority of use with respect to the applicable portion of the Overstrip Area. For purposes of this Agreement, a Party having “priority of use” under this Agreement or an Overstrip Agreement executed pursuant hereto shall have the right, in the event that the other Party proposes conflicting uses of the same Overstrip Area lands, to conduct its then existing and identified proposed activities on such lands. Priority of use first will be given first to any existing uses that are have been approved by the Montana Department of Environmental Quality (“DEQ”). Subsequent priorities of use will be granted in the order that Overstrip Agreement Requests detailing suc...
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Related to Overstrip Agreement Requests; Requirements; Priority of Use

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