Surface Deposits. The right to deposit upon the surface of the demised premises slate, rock, dirt, bone, refuse and other unmerchantable materials and waste water resulting from the mining, removing, processing and marketing of the coal mined by Lessee from the demised premises; provided, however, that Lessee shall comply with such reasonable regulations and limitations as Lessor may prescribe and with all statutes, regulations and rules which may now or hereafter be enacted or prescribed by the United States of America or the State of West Virginia or any other governing body which regulates the disposal of such waste, overburden or refuse material; and provided further, however, that Lessee shall, during the term of this lease, and at all times thereafter, be fully and completely responsible for the treatment and/or removal of any water, overburden or refuse materials placed by Lessee on the demised premises which shall be required by any governmental agency, including, but not limited to, the elimination of any fires, drainage or ecological problems or other environmental hazards. Subject to all of the limitations, requirements and conditions hereinabove contained in this paragraph, Lessee may deposit such overburden as is hereinabove described from adjoining and coterminous lands if, and only if, the making of such deposits is clearly and reasonably necessary in order to facilitate removal of Lessor's coal; and, such additional deposits are permitted only to that extent, that is to say removal of Lessor's coal, subject to the approval of Lessor. Any violation of this provision shall be an event of default having equal dignity with non-payment of rents or royalties to be paid under this Lease. Lessor has the option to sell to Lessee all surface area contained in this lease or, subject to Lessor's approval, any surface area required for the placement of overburden, refuse, valley fills and ponds for the mining of Lessor's coal and adjoining landowners' coal as described above, Lessor shall convey to Lessee such surface area at the cost of One Dollar ($1.00) per acre. Any such conveyance shall reserve to the Lessor rights of way for ingress and egress over and across same. Provided, however, that any such transfer shall not release Lessee's obligation to pay minimum royalties, tonnage royalty and wheelage as is otherwise provided in this Lease. Further, in the event Lessee surrenders this Lease Agreement pursuant to Article 4.1 of the Coal Lease executed July 1, 1999, with...
Surface Deposits. The right to deposit upon the surface of the demised premises slate, rock, dirt, bone, refuse and other unmerchantable materials and waste water resulting from the mining, removing, processing and marketing of the coal mined by Lessee from the demised premises; provided, however, that Lessee shall comply with such reasonable regulations and limitations as Lessor may prescribe and with all statutes, regulations and rules which may now or hereafter be enacted or prescribed by the United States of America or the State of West Virginia or any other governing body which regulates the disposal of such waste, overburden or refuse material; and provided further, however, that Lessee shall, during the term of this lease, and at all times thereafter, be fully and completely responsible for the treatment and/or removal of any water, overburden or refuse materials placed by Lessee on the demised premises which shall be required by any governmental agency, including, but not limited to, the elimination of any fires, drainage or ecological problems or other environmental hazards.
