SURFACE AND SURFACE FACILITIES Clause Samples
SURFACE AND SURFACE FACILITIES. Subject to approval of the Management Committee and compliance with Underlying Agreements and applicable law, including Newmont Mining Company reclamation agreement on the Reclaim Area as described in Exhibit A, Hecla Ventures shall have the right without further consideration, to use as much of the surface and any surface facilities owned or controlled by Rodeo Creek, or on lands within the Area of Interest that are both owned or controlled by Rodeo Creek and made subject to this Earn - in Agreement. Hecla Ventures shall have the right to make other surface use arrangements only upon authorization from the Management Committee and subject to compliance with Newmont Mining Company reclamation activities on the Properties.
SURFACE AND SURFACE FACILITIES. (a) Santa Fe shall have the right, at its sole election and without further consideration, to use so much of the surface and any surface facilities owned or controlled by Hecla on Hecla's Properties, or on lands within the Area of Interest (other than lands excluded under Exhibit C) that are both owned or controlled by Hecla and made subject to this Earn-in Agreement. Santa Fe shall make any necessary utilities expenditures during any period when Santa Fe is using Hecla's surface facilities. Santa Fe shall have the right to make such other surface use arrangements as it deems appropriate and may request permission to use any surface facilities owned or controlled by Hecla on the excluded lands under Exhibit C; provided, however, Hecla has the right to use or dispose of any of its surface facilities (whether on Hecla's Properties or on the excluded lands) which Santa Fe has not previously elected for use (with regard to facilities on Hecla's Properties) or which Santa Fe has not previously been granted permission to use (with regard to facilities on the excluded lands) by Hecla. All costs and expenses incurred by Santa Fe relating to surface or surface facility use on or for the benefit of the Mineral Properties shall be credited as Earn-in Expenditures.
(b) Except on lands where Santa Fe has exercised its option to receive a conveyance pursuant to Sections 5.1(a) or 9.4, Hecla shall retain the right to manage, cut and remove the timber resources of Hecla's Properties during the entire term of this Earn-in Agreement. In the event Santa Fe desires to cut and remove any timber which may impede Santa Fe's operations hereunder, Santa Fe shall first notify Hecla and provide Hecla with a ninety (90) day period from the date of such notice to remove the timber for its own account and at its own expense. If Hecla fails to exercise its right to remove the timber within the ninety-day period from the date of notice, Santa Fe may cut and remove the timber and Hecla shall have no right to any payment for or on account of such timber removed by Santa Fe.