Common use of Protected Xxxxx Clause in Contracts

Protected Xxxxx. Coal Party may require upon reasonable advance notice, but in no event upon less than twelve (12) months’ advance notice, that any Protected Well be (a) plugged and abandoned consistent with mine-through Laws and relocated, in which event Coal Party shall reimburse Gas Party for 100% of the costs associated with the plugging and abandoning of such Protected Well and compensate Gas Party for then-current fair market value, as determined by Schedule 3.3(a), of such Protected Well, taking into account the Gas Reserves (including proved developed and proved undeveloped) lost due to the relocation; provided, however, that 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 the fair market value of such Protected Well, taking into account the Gas Reserves and the underlying leases if applicable, shall be determined pursuant to the procedures set forth on Schedule 3.3(a); or (b) shut-in (including temporarily plugging) for a period of time, in which event Coal Party shall reimburse Gas Party for any damages reasonably incurred by Gas Party in connection with such shut-in, including any losses (including interest on such amounts) resulting from the delay in Gas Party receiving net revenues from production from such Protected Well caused by such shut-in.

Protected Xxxxx. Coal Party may require upon reasonable advance notice, but in no event upon less than twelve (12) months’ advance notice, that any Protected Well be (ai) plugged and abandoned consistent with mine-through Laws and relocated, in which event Coal Party shall reimburse Gas Party for 100% of the costs associated with the plugging and abandoning of such Protected Well and compensate Gas Party for then-current fair market value, as determined by Schedule 3.3(a), of such Protected Well, taking into account the Gas Reserves (including proved developed and proved undeveloped) lost due to the relocation; provided, however, that 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 Coal Party shall compensate Gas Party for the then-current fair market value of such Protected Well, which, taking into account the Gas Reserves and the underlying leases if applicable, shall be determined pursuant to the procedures set forth on Schedule 3.3(a); or (bii) shut-in (including temporarily plugging) for a period of time, in which event Coal Party shall reimburse Gas Party for any damages reasonably incurred by Gas Party in connection with such shut-in, including any losses (including interest on such amounts) resulting from the delay in Gas Party receiving net revenues from production from such Protected Well caused by such shut-in. In addition, Coal Party shall compensate Gas Party for losses incurred by Gas Party due to any lessor’s claims for damages under this Section 3.3(a) that have been finally determined.