Reclamation. This provision shall apply in the event that Company has: (a) delivered the part(s) to Customer on credit; (b) financed the sale of the part(s) to Customer or (c) has been engaged by Customer for the repair, reconditioning or refurbishment of part(s). As a condition of Company allowing Customer to accept delivery of the part(s) on credit, Customer represents and warrants to Company that Customer is solvent and is not presently a debtor in any bankruptcy case in any court of competent jurisdiction. In the event Customer becomes insolvent before delivery or while parts are in transit, it will immediately notify Company. The failure to notify Company immediately will be construed as a reaffirmation of Customer’s solvency at the time of delivery. Company will have the right to stop delivery of the parts by a bailee or other third party transporting the same if Customer becomes insolvent, repudiates or fails to make a payment due, in order to withhold or reclaim the parts under the provisions of the Uniform Commercial Code. In the event parts reach Customer prior to Company’s ability to stop parts and Customer cannot make payments within the agreed upon payment terms, Customer shall return the parts to Company at Customer’s expense. In the event of Customer’s insolvency, the foregoing invoice together with this Agreement shall constitute a demand by Company for reclamation of the part(s) in accordance with Section 2-702 of the Uniform Commercial Code and Section 546 (c)(1) of the United States Bankruptcy Code. In the event of Customer’s insolvency, Customer does hereby waive any defenses to Company’s reclamation of the part(s) and Customer shall promptly return possession of the parts to Company. Customer hereby grants a general lien on, and a security interest in, any assets belonging to Customer as security for the performance of its obligations hereunder or to satisfy any obligation owed by Customer to Company under any agreement.
Reclamation. Prior to termination of this Lease, the Company shall conserve, reclaim and remediate the Leased Area affected by the exercise of the rights granted to the Company under this Lease in accordance with the legislation and regulations in force at the time of such termination.
Reclamation. Upon completion, expiration, or termination of the contract, the site will be left in a condition that is acceptable to the DMLW and reclaimed in accordance with the DNR approved Mining and Reclamation plan. Reclamation shall be to the standards of the DMLW and shall include repair of access roads to and within the site, disposal of remaining stockpiles, other procedures that will be used to stabilize and reclaim the area and any other site specific measures that may be necessary. The buyer shall leave all slopes in a safe and stable condition at the end of each season.
Reclamation. At its sole cost and expense, Purchaser shall reclaim and leave the Property at termination in a condition satisfactory to the University and consistent with the terms of this Agreement including but not limited to Paragraph 8 above, and in full compliance with all federal, state and local codes, regulations and statutes including but not limited to, compliance with Alaska Statutes 27.19 and 11 Alaska Administrative Code 97 (including but not limited to 11 AAC 97.250) and other applicable statutes and regulations that may be enacted by an entity with jurisdiction over the operations conducted on the Property during the Term. Purchaser’s responsibility to reclaim the Property shall include all areas developed, mined or otherwise disturbed by Purchaser. Purchaser’s responsibility to reclaim the Property under the terms of this Agreement shall survive termination of this Agreement. It is the intent of this Agreement that Purchaser shall reclaim all disturbed areas as soon as Purchaser’s use of the area is concluded.
Reclamation. Notwithstanding the second to the last sentence of Section 12 of the Joint Venture Agreement, which provides for the distribution to the venturers on a monthly or more frequent basis of cash in excess of $10,000, reclamation at the Xxxxxx Properties shall be carried out in accordance with the following:
(a) Subject to the direction of the Management Committee over reclamation, the Manager shall have sole authority to supervise, control and direct all Xxxxxx Coal activities related to reclamation of stripped lands and maintenance of the environment, including the establishment of policies, representation before courts or governmental regulatory agencies, and actual implementation of such policies.
(b) (i) Xxxxxx Coal shall maintain a segregated fund (the "Reclamation Fund") to finance a portion of "final mine reclamation" at the Decker mine in Big Horn County, Montana (the "Mine"). For purposes of this Agreement, "final mine reclamation" shall mean those activities described on Attachment A attached to Amendment No. 8 and incorporated herein by this reference. Xxxxxx Coal shall maintain on its books and records a separate sub account of the Reclamation Fund for each Party (a "Sub Account"). The Manager shall credit to each Party's Sub Account: (i) cash contributed by such Party to the Collateral Account and/or Escrow Account, (ii) investments, at current fair market value, contributed by such Party to the Collateral Account and/or Escrow Account, and (iii) the face amount of any Qualified Letter of Credit issued for the account of the Party and held by Travelers within the Collateral Account and/or held by Escrow Agent within the Escrow Account. A Qualified Letter of Credit shall be an irrevocable letter of credit (A) issued by a commercial bank organized in the United States having capital and surplus in excess of $500,000,000, (B) issued for the account of a Party, and, for the benefit of Travelers or Escrow Agent, or for the benefit of Xxxxxx Coal and validly assigned to Travelers or Escrow Agent, and (C) having a term of at least one (1) year from the date of issuance.
Reclamation. When initiating an application form, Pathnet must have started installing equipment approved for collocation at GTE wire center or access tandem within a reasonable period of time, not to exceed six (6) months from the date Pathnet accepts the collocation arrangement. If Pathnet does not utilize its collocation space within the established time period, and has not met the space reservation requirements of Section 5.4, GTE may reclaim the unused collocation space to accommodate another CLEC’s request or GTE’s future space requirements. GTE shall have the right, for good cause shown, and upon six
Reclamation. Within six (6) months after abandonment of any well, including those abandonments resulting from termination of this Lease, Lessee shall remove all machinery, material, and structures used in connection with said well and not used in its other operations, if any, on the Premises, and shall fill in and level off all excavations, pits, or other alterations to the surface of the Premises caused in connection with said well, and, insofar as practical, shall, restore the Premises and the means of ingress and egress in compliance with all requirements of applicable reclamation laws and regulations, except reasonable wear and tear, acts of nature and conditions beyond the control of Lessee.
Reclamation. When initiating an application form, @Link must have started installing equipment approved for collocation at GTE wire center or access tandem within a reasonable period of time, not to exceed six (6) months from the date @Link accepts the collocation arrangement. If @Link does not utilize its collocation space within the established time period, and has not met the space reservation requirements of Section 5.4, GTE may reclaim the unused collocation space to accommodate another CLEC’s request or GTE’s future space requirements. GTE shall have the right, for good cause shown, and upon six (6) months' notice, to reclaim any collocation space, cable space or conduit space in order to fulfill its obligation under public service law and its tariffs to provide telecommunication services to its end users. In such cases, GTE will reimburse @Link for reasonable direct costs and expenses in connection with such reclamation. GTE will make every reasonable effort to find other alternatives before attempting to reclaim any such space.
Reclamation. By the end of the term of this lease, LESSEE shall grade the leased premises so that the grade of the leased premises shall approximate the grade of the surrounding topography. Upon completion of the required grading, the surface shall be reseeded with a seed mixture approved by the COMMISSIONER. Should this obligation not be met by the end of the term of this lease, it shall nevertheless survive and continue beyond the term of this lease and shall be an obligation owed to the state. This obligation is owed by LESSEE in addition to any other obligation imposed upon LESSEE by this lease, including, but not limited to, the requirements of Section 6 hereof and LESSEE’s plan of operations.
Reclamation. During the Decommissioning Period, Tenant, at its sole cost and expense, will commence to dismantle, demolish, and raze the Rolling Mill and any and all of Tenant’s other improvements, fixtures, equipment and personal property owned, installed, and used by Tenant on the Leased Premises and any Access Area, including pads, foundations, lines and cables, roads, any operations and maintenance buildings and all underground fixtures, except for any utilities, third-party-owned facilities and other improvements that Landlord requests in writing remain in place (which shall become Landlord’s property), and will ensure the areas from which such improvements, fixtures, equipment and personal property are removed are left in a safe condition. Tenant shall also complete site remediation associated with demolition activities and other activities necessary to restore the surface of the entire Leased Premises (which will include removal of concrete slabs and foundations to 5 feet below grade) to a vacant condition as agreed to and approved by Landlord and in such a condition as is in accordance with generally accepted industry standards for industrial users that is consistent with applicable Environmental Law. Tenant will cause the Leased Premises to be re-graded to restore all slopes to a usable grade approved by Landlord and perform land reclamation work on the Leased Premises as reasonably required to prevent soil erosion, such as leveling, terracing, mulching and other proper drainage establishment, provided that Tenant will not be required to correct conditions caused by or on behalf of Landlord during the Lease Term or to plant trees or other vegetation other than as required for soil stabilization. Tenant shall comply with land restoration requirements of any applicable Governmental Entity, submit any plan required by such authorities and post any security required by the County and by Tenant’s permits. The work required of Tenant under this Section 21.2 is referred to herein as “Reclamation”.
