Post-Closing Conveyance. Subject to the provisions of Article IX, in the event Buyer or Seller identify at any time during the period that is on or before the one year anniversary of the Closing Date that any asset(s) of or relating to the Xxxxxx Creek Mine Operation which (a) were of the character and type of asset that would have been included as a Purchased Asset and (b) were not an Excluded Assets (such an “Omitted Asset”), were not included on the applicable Schedule and/or not included on the applicable Transaction Document, Seller will, at no cost to Buyer, execute and deliver to Buyer an appropriate conveyance instrument utilizing the same form as was delivered at Closing transferring title of the Omitted Asset to Buyer. Subject to the terms of this Agreement, it is the intent of this provision to apply to any assets which (i) were (as of Closing) located within the Mine Areas or (ii) during the Applicable Time have primarily been used in connection with the Xxxxxx Creek Mine Operations.
Post-Closing Conveyance. At Closing, the Transferred Outparcels will be conveyed to the LLC Subsidiaries pursuant to this Agreement solely because, as of the date of this Agreement, the Transferred Outparcels have not been subdivided. After Closing, at the election of DDR, TRT and DDR shall cause the Joint Venture to cause the LLC Subsidiaries to convey the Transferred Outparcels to the Contributors, or one or more of their designees, subject to and in accordance with the following provisions:
