Permits and Bonds. Contractor shall obtain at its sole cost any and all other bonds, permits, and approvals from any federal, state, and/or local government and/or agency or body thereof that has jurisdiction over the Project Site and/or Project Work. The cost of such bonds, permits, and approvals is included in the Contract Sum.
Permits and Bonds. Following the execution of this Agreement, Independent Contractor shall diligently seek to obtain all approvals and consents from any federal, state or local governmental agency to Independent Contractor performing the Work on the Premises, including, without limitation, an operator reassignment of all applicable mining and mining related permits. Upon the expiration or termination of this Agreement, Independent Contractor shall surrender or relinquish all such approvals, permits and operator reassignments. Independent Contractor shall secure, maintain and comply with all permits required to perform the Work, and Independent Contractor shall perform all remedial or abatement work and pay all fines and assessments related to its failure to comply therewith. Independent Contractor shall not be responsible for violations of any governmental permits that occurred prior to the Effective Date, but if Independent Contractor is required or compelled by the relevant regulatory authority to remedy any such violation or pay any fine or assessment with respect thereto, the costs of remedial work and payment of fines and assessments, including attorney's fees, shall be reimbursed by AWVMC. Copies of all applications made to and of all licenses, permits, bonds, amendments, modifications, inspection reports and compliance, non-compliance or other orders issued by any governmental authority, and any plans and maps or other information compiled, made and filed by Independent Contractor with or furnished to any governmental authority or communication had therewith concerning any of the foregoing shall be made available to AWVMC before they are filed with or furnished to the governmental authority or immediately upon receipt from any governmental authority. Except for claims, costs and expenses incurred or caused by the actions or inactions of AWVMC or its agents or contractors prior to the Effective Date, Independent Contractor shall indemnify, hold harmless and defend AWVMC and its affiliates from and against all claims, costs and expenses, including reasonable attorneys' fees, in connection with or arising out of these documents or any dispute relating to these documents that may occur during the term of this Agreement. This covenant of indemnity shall survive termination or expiration of this Agreement.
Permits and Bonds. All permits and bonds necessary and effective during the prosecution of the work and subsequent guaranty period, shall be obtained and paid for by the Applicant. The Applicant shall give all notices required by such permits and provide all bonding and insurance required by such permits. The Applicant shall provide the City with a copy of all such permits before construction begins. The Applicant shall obtain and pay for all surveys, easements, rights-of-way and franchises required for the works.
Permits and Bonds. (a) Except as set forth on Schedule 3.19(a)(1), each Company has all material permits, licenses, franchises, approvals, certificates or authorizations (collectively, the "Permits") of any federal, state or local governmental or regulatory body required in order to permit it to carry on its business as presently conducted, all of which are in full force and effect. All material Permits held by any Company are listed on Schedule 3.19(a)(2) (the "Mid-Vol Permits"). Except as set forth on Schedule 3.19(a)(3) or otherwise specifically disclosed to Purchaser, no misrepresentations or willful, intentional or negligent omissions were made of any material fact in obtaining any Mid-Vol Permits or any Permits that are Contributed Assets ("Contributed Permit"). No action or claim is pending, or, to the best of Principal Shareholder's knowledge, threatened or contemplated, to revoke, suspend, modify, alter, amend or terminate any Mid-Vol Permit or Contributed Permit, or to declare any Mid-Vol Permit or Contributed Permit invalid in any respect, and the Principal Shareholder knows of no reason that would justify such action. Except as set forth on Schedule 3.19(a)(4), no Company has received any notice of noncompliance since January 1, 1997.
(b) The Companies have posted all reclamation and performance bonds required to be posted in connection with their operations. All reclamation and performance bonds posted by each Company in connection with its operations are listed on Schedule 3.19(b)(1) (collectively, the "Bonds"). Except as disclosed on Schedule 3.19(b)(2) or otherwise specifically disclosed to Purchaser: (i) the Companies or the Permitted Party, as the case may be, are in compliance in all material respects with all reclamation requirements of the Mid-Vol Permits and Contributed Permits required to date by law; and (ii) the operation of the Companies' coal mining and processing operations and the state of reclamation with respect to the Mid-Vol Permits and the Contributed Permits are "current" or in "deferred status" regarding reclamation obligations and otherwise are in compliance in all material respects with all applicable mining, reclamation, health and safety and all other applicable laws and regulations (including, without limitation, all aspects of the Federal Coal Mine Health and Safety Act of 1969, as amended, and the Federal Mine Safety and Health Act of 1977, as amended, and similar state laws and regulations) and in accordance with reclamation plans ...
Permits and Bonds. Following the execution of this Agreement, Independent Contractor shall diligently seek to obtain all approvals and consents from any federal, state or local governmental agency to Independent Contractor performing the Work on the Premises, including, without limitation, an operator reassignment of all applicable mining and mining related permits. Upon the expiration or termination of this Agreement, Independent Contractor shall surrender or relinquish all such approvals, permits and operator reassignments. Independent Contractor shall secure, maintain and comply with all permits required to perform the Work, and Independent Contractor shall perform all remedial or abatement work and pay all fines and assessments related to its failure to comply therewith. Independent Contractor shall not be responsible for violations of any governmental permits that occurred prior to the Commencement Date. Copies of all applications made to and of all licenses, permits, bonds,
Permits and Bonds. (a) All material Permits held by the Company or the Company Subsidiaries are listed on Schedule 3.16(a) of the Company Disclosure Letter (the “Company Permits”). True and complete copies of each Company Permit have been made available to Parent. Except as set forth on Schedule 3.16(a) of the Company Disclosure Letter, no action or claim is pending, or, to the knowledge of the Company, threatened, to revoke, suspend, modify, alter, amend or terminate any Company Permit, or to declare any Company Permit invalid in any respect.
(b) Except as set forth on Schedule 3.16(b) of the Company Disclosure Letter, the Company’s Operations are and have been, since January 1, 2010, in compliance, in all material respects, with the Company Permits, the Surface Mining Control and Reclamation Act of 1977, as amended, and similar state Laws, and in accordance with reclamation plans submitted with respect to the Company Permits, including any such variances, deferrals, or temporary cessations as may have since been granted or otherwise be applicable thereto.
(c) The Company and the Company Subsidiaries have posted all reclamation and performance bonds required to be posted in connection with the Company’s Operations. All reclamation and performance bonds posted by the Company or any of the Company Subsidiaries in connection with the Company’s Operations are listed on Schedule 3.16(c) of the Company Disclosure Letter (collectively, the “Bonds”). Except as set forth on Schedule 3.16(c) of the Company Disclosure Letter, no action or claim is pending or, to the knowledge of the Company, threatened to forfeit, collect, or otherwise draw upon any Bonds.
Permits and Bonds. Lessee shall diligently work to obtain the transfer of all of the permits shown on Exhibit D (collectively, the “Permits”) into Lessee’s name as soon as can practicably be done after notice from Lessor, at Lessex’x xxpense. Lessex xxxxes to substitute its bonds for the Permits. Lessee shall be responsible for obtaining all other permits, bonds, licenses and other agreements required for it to operate the Facility. In the event that Lessee does not (i) transfer of all of the Permits into its name and acquire bonds for the Permits within ninety (90) after notice from Lessor or (ii) obtain all other permits, bonds, licenses and agreements required to operate the Facility as soon as practicable, but in no event later than one hundred eighty (180) days from the date of the execution of this Agreement, then Lessor may, at its option, terminate this Agreement by serving written notice thereof to Lessee. If, however, Lessex xxx been diligent in its efforts to have the Permits transferred and the transfer of the Permits is being held up through no fault of Lessees, then Lessor will give this due consideration. During the period when Lessee is operating the Facility prior to the transfer of the Permits, Lessee shall be bound by all terms and conditions of the Permits and their bonds, maintain responsibility and liability therefore, perform all work Elk Ridge, Inc. (7/7/05) 6 CONFIDENTIAL MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. BOXES AND ASTERISKS DENOTE SUCH OMISSION. in accordance therewith and pay all fines, fees and assessments issued with regard to the Permits. Lessee shall also file all reports and notices necessary to maintain the Permits, properly establish and serve notice of its exclusive responsibility for the Facility’s operation and properly establish its exclusive responsibility for the health and safety of Lessee’s employees. Upon the expiration, termination or cancellation of this Agreement, Lessor may elect to (i) require Lessee to transfer to Lessor or Lessor’s designee any and all permits and licenses, including the Permits and the Service Agreement, that Lessee holds for the Facility, without payment therefore, such transfers to be made at the expense of Lessor, (ii) require Lessee to complete its reclamations obligations under the Permits after Lessor has had 180 days to remove such of the Facility as it may elect to recover, or (iii) require Lessee to immediately commence reclamation activities...
Permits and Bonds. Operating Companies, at Operating Companies’ cost and expense, shall obtain any and all required and necessary licenses, permits and bonds and shall be bound by the terms thereof and shall perform work in accordance therewith. Operating Companies shall provide copies of permits and bonds to Land Companies at Land Companies’ written request. Operating Companies shall have full responsibility therefore, including all requisite reclamation work and mine site reclamation work, and Operating Companies shall pay all fees, fines and assessments related thereto. Upon completion of mining operations upon the Lease Lands and Surface Lands pursuant to this Master Agreement, Operating Companies shall complete all required reclamation upon the Lease Lands and Surface Lands in full compliance with all then applicable lease terms, permit requirements and applicable law. Unless otherwise provided in any applicable Coal Lease, Operating Companies shall have the right to reenter the Lease Lands and Surface Lands after termination of this Master Agreement for the purpose of performing or completing such reclamation.
Permits and Bonds. The SCC Parties and Xxxxxx each shall obtain all permits, approvals, bonds and licenses necessary and required to conduct their respective Operations within the Overstrip Area. Each Party shall revise or amend its respective mine permit, and secure approval of such revisions or amendments by in accordance with a mine plan approved by DEQ to conduct Mining and Mining-related activities within the Overstrip Area. Each Party agrees not to object to permitting actions undertaken by the other Party pursuant to this Agreement or an Overstrip Agreement entered into pursuant hereto.
Permits and Bonds. Reclamation of the Cactus Mill is currently secured by a reclamation surety bond provided by Desert Hawk to the Utah Division of Oil, Gas and Mining (“DOGM”) in the amount of $42,526.00 (the “Current Reclamation Bond”). DOGM has indicated that a reclamation surety bond increase to $192,965.00 (the “Increased Reclamation Bond”) must be completed by Desert Hawk no later than February 28, 2019. If the Closing Date has not occurred by February 21, 2019, Desert Hawk shall be obligated to provide the Increased Reclamation Bond to DOGM at Desert Hawk’s sole expense. Promptly following the Closing Date, Desert Hawk shall cooperate with Lessors in attempting to transfer all of Desert Hawk’s regulatory permits, authorizations and reclamation surety (i.e. the Current Reclamation Bond or the Increased Reclamation Bond, as the case may be) for the Cactus Mill to Xxxxxxx, at no cost to Xxxxxxx. Notwithstanding the foregoing commitment of cooperation by Desert Hawk, no assurance or guarantee is hereby provided that the permits or reclamation surety bond will be transferrable to Xxxxxxx. Desert Hawk’s failure to transfer to Xxxxxxx the permits and reclamation surety bond for the Cactus Mill shall not constitute a default under this Agreement or otherwise affect any other terms of this Agreement if Desert Hawk has in good faith used its best efforts to do so, but if Desert Hawk is unable to complete a transfer to Xxxxxxx of the permits and reclamation surety bond for the Cactus Mill within one year after the Closing Date, then Desert Hawk shall be obligated to pay to Xxxxxxx in cash the amount of the Increased Reclamation Bond (which Xxxxxxx may use to provide its own reclamation surety bond for the Cactus Mill) and Desert Hawk may thereafter seek to obtain for its own benefit a refund from DOGM of the Increased Reclamation Bond.
