Common use of Surface Easement Requests Clause in Contracts

Surface Easement Requests. (a) Gas Party may submit written requests to Coal Party and Coal Party may submit written requests to Gas Party for specific easements and rights of way across the Surface Rights that are subject to such requesting Party’s Surface Use Rights under Section 5.1(a) and which are held by such other Party as reasonably necessary for Gas Party or Coal Party, as applicable, to exercise its Surface Use Rights described in Section 5.1 and/or to exercise its Water Use Rights described in Section 5.5 (each such easement or right of way, a “Surface Easement”). Each such request (a “Surface Easement Request”) shall include (i) a description of the Surface Easement being requested, including its specific purpose along with a full disclosure of the scope of the related activities that are reasonably anticipated to be undertaken by the requesting Party in connection with such requested easement, (ii) a plat or construction drawing showing the approximate location, scope, and length of such Surface Easement, and (iii) a description of the Surface Rights that would be affected by such Surface Easement. (b) Following its receipt of a Surface Easement Request, not later than forty-five (45) calendar days after receipt thereof, the Party receiving such Surface Easement Request shall use reasonable discretion (exercised in good faith) to determine if such Surface Easement Request (i) is sufficiently specific in nature, (ii), is within the scope of the requesting Party’s Surface Use Rights and/or Water Use Rights, and (iii) would not materially impair the value of the Surface Right which is subject to such Surface Easement Request for its intended use by the receiving Party; provided, however, the receiving Party shall, when evaluating the criteria in this clause (iii), take into consideration the reasonably anticipated timing of its operations on such Surface Right in relation to the anticipated duration and effect of the requesting Party’s proposed surface use, and shall not unreasonably withhold, condition, or delay its approval if such duration and effect would not render the affected Surface Right substantially unfit for such receiving Party’s intended use, based on such timing. Should the Party receiving such Surface Easement Request be satisfied that each of clause (i), clause (ii), and clause (iii) of this Section 5.2(b) be satisfied by such Surface Easement Request, and subject to any restrictions under applicable Existing Permits/Agreements and the other terms of this Agreement, such Party shall prepare and deliver, without costs or fees, such Surface Easement to the requesting Party, which Surface Easement shall be granted on a non-exclusive basis. In the event that the Party receiving such Surface Easement Request finds that the criteria in clause (iii) is not satisfied, such Party shall cooperate with the requesting Party, in order to identify a mutually acceptable location on the affected Surface Right that will satisfy that criteria, including by meeting on-site with the requesting Party within fifteen (15) days of being requested to do so in writing; provided, further, that if such Surface Easement Request is by a Gas Party for a location outside a Coal Area and the Parties are unable to agree on a mutually acceptable location within thirty (30) days following Coal Party’s receipt of the request, then Coal Party shall grant the Surface Easement as requested by Gas Party. (c) Any Surface Easement delivered pursuant to a Surface Easement Request under this Section 5.2 or Section 5.1(b) shall be in recordable form and in form and substance reasonably satisfactory to the Party to whom the easement is granted. Any Surface Easement granted pursuant to a Surface Easement Request under this Section 5.2 or Section 5.1(b) shall survive the expiration or termination of this Agreement and shall be binding upon the Parties’ respective successors and assigns in accordance with its terms, which easement shall contain language that it is non-exclusive and subject to (i) any applicable restrictions under any Existing Permits/Agreements, (ii) any applicable terms and conditions of this Agreement, including a granting Party’s right to require relocation in accordance with this Agreement, and (iii) any applicable Laws. (d) With respect to Surface Easements granted by Coal Party pursuant to this Agreement, Coal Party shall have the right to relocate such Surface Easements as set forth in Section 3.3(d). With respect to Surface Easements granted by Gas Party pursuant to this Agreement, Gas Party may require at any time that the Coal Party relocate (within a reasonable time, but in no event later than twenty-four (24) months following receipt of such notice from Gas Party) any such Surface Easement if such Surface Easement is reasonably expected by Gas Party to interfere with Gas Party’s present or planned operations or uses in, on, or under any of its Gas Interests or surface interests, and all costs and expenses of Coal Party (i) associated with the initial relocation requested by Gas Party shall be borne 100% by Coal Party and (ii) associated with a second or further relocation requested by Gas Party with respect to any Surface Easement that has been previously relocated pursuant hereto shall be split equally between Coal Party and Gas Party.

Surface Easement Requests. (a) Gas A Party may submit written requests to Coal Party and Coal Party may submit written requests to Gas any other Party for specific easements and rights of way across the Surface Rights that are subject to such requesting Party’s Surface Use Rights under Section 5.1(a) and which are held by such other Party as reasonably necessary for Gas such Party or Coal Party, as applicable, to exercise develop its Surface Use Rights described in Section 5.1 and/or to exercise its Water Use Rights described in Section 5.5 operations (each such easement or right of way, a “Surface Easement”). Each such request (a “Surface Easement Request”) ), which such Surface Easement Request shall include (i) a description of the Surface Easement surface easement being requested, including its specific purpose along with a full disclosure of the scope of the related activities that are reasonably anticipated to be undertaken by the requesting Party in connection with such requested easementpurpose, (ii) a plat or construction drawing showing the approximate location, scope, and length of such Surface Easementsurface easement, and (iii) a description of the Surface Use Rights that would be affected by such Surface Easementsurface easement. (b) Following its receipt of a Surface Easement Request, the other Party shall, not later than forty-five (45) calendar days after receipt thereof, the Party receiving prepare and deliver such Surface Easement Request shall use reasonable discretion (exercised in good faith) surface easement to determine if such Surface Easement Request (i) is sufficiently specific in nature, (ii), is within the scope of the requesting Party’s Surface Use Rights and/or Water Use Rights, and (iii) would not materially impair the value of the Surface Right which is subject to such Surface Easement Request for its intended use by the receiving Party; provided, however, the receiving Party shall, when evaluating the criteria in this clause (iii), take into consideration the reasonably anticipated timing of its operations on such Surface Right in relation surface easement shall contain language that it is subject to the anticipated duration and effect of the requesting Party’s proposed surface use, and shall not unreasonably withhold, condition, or delay its approval if such duration and effect would not render the affected Surface Right substantially unfit for such receiving Party’s intended use, based on such timing. Should the Party receiving such Surface Easement Request be satisfied that each of clause (i), clause (ii), and clause (iii) of this Section 5.2(b) be satisfied by such Surface Easement Request, and subject to any applicable restrictions under applicable any Existing Permits/Agreements and Agreements, (ii) the other terms of this Agreement, such Party shall prepare and deliver, without costs or fees, such Surface Easement to the requesting Party, which Surface Easement shall be granted on a non-exclusive basis. In the event that the Party receiving such Surface Easement Request finds that the criteria in clause (iii) is not satisfied, such Party shall cooperate with the requesting Party, in order to identify a mutually acceptable location on the affected Surface Right that will satisfy that criteria, including by meeting on-site with the requesting Party within fifteen (15) days of being requested to do so in writing; provided, further, that if such Surface Easement Request is by a Gas Party for a location outside a Coal Area and the Parties are unable to agree on a mutually acceptable location within thirty (30) days following Coal Party’s receipt of the request, then Coal Party shall grant the Surface Easement as requested by Gas Partyany applicable Laws. (c) Any Surface Easement surface easement delivered to a Party pursuant to a Surface Easement Request under this Section 5.2 or Section 5.1(b) shall be in recordable form and in form and substance reasonably satisfactory to the Party to whom the easement is grantedrequesting Party. Any Surface Easement surface easement granted pursuant to a Surface Easement Request under this Section 5.2 or Section 5.1(b5.2(c) shall survive the expiration or termination of this Agreement and shall be binding upon the Parties’ Coal Party’s respective successors and assigns in accordance with its terms, which easement shall contain language that it is non-exclusive and revocable and subject to (i) any applicable restrictions under any Existing Permits/Agreements, (ii) any applicable terms and conditions of this Agreement, including a granting Party’s right to require relocation in accordance with this Agreement; provided, however, granting Party shall have no right to require relocation of, and the terms and conditions of any easements granted shall not include relocation provisions for, any slope, shaft, impoundment, overland belt, or substation easements granted to Coal Party, and (iii) any applicable Laws. (d) With respect to Surface Easements granted by Coal Party pursuant to this Agreement, Coal Party shall have the right to relocate such Surface Easements as set forth in Section 3.3(d). With respect to Surface Easements granted by Gas Party pursuant to this Agreement, Gas Party may require at any time that the Coal Party relocate (within a reasonable time, but in no event later than twenty-four (24) months following receipt of such notice from Gas Party) any such Surface Easement if such Surface Easement is reasonably expected by Gas Party to interfere with Gas Party’s present or planned operations or uses in, on, or under any of its Gas Interests or surface interests, and all costs and expenses of Coal Party (i) associated with the initial relocation requested by Gas Party shall be borne 100% by Coal Party and (ii) associated with a second or further relocation requested by Gas Party with respect to any Surface Easement that has been previously relocated pursuant hereto shall be split equally between Coal Party and Gas Party.

Surface Easement Requests. (a) Gas A Party may submit written requests to Coal Party and Coal Party may submit written requests to Gas any other Party for specific easements and rights of way across the Surface Rights that are subject to such requesting Party’s Surface Use Rights under Section 5.1(a) and which are held by such other Party as reasonably necessary for Gas such Party or Coal Party, as applicable, to exercise develop its Surface Use Rights described in Section 5.1 and/or to exercise its Water Use Rights described in Section 5.5 operations (each such easement or right of way, a “Surface Easement”). Each such request (a “Surface Easement Request”) ), which such Surface Easement Request shall include (i) a description of the Surface Easement surface easement being requested, including its specific purpose along with a full disclosure of the scope of the related activities that are reasonably anticipated to be undertaken by the requesting Party in connection with such requested easementpurpose, (ii) a plat or construction drawing showing the approximate location, scope, and length of such Surface Easementsurface easement, and (iii) a description of the Surface Use Rights that would be affected by such Surface Easementsurface easement. (b) Following its receipt of a Surface Easement Request, not later than forty-five (45) calendar days after receipt thereof, the Party receiving such Surface Easement Request shall use reasonable discretion (exercised in good faith) to determine if such Surface Easement Request (i) is sufficiently specific in nature, nature and (ii), is within the scope of the requesting Party’s Surface Use Rights and/or Water Use Rights, and (iii) would not materially impair the value of the Surface Right surface right or other asset which is subject to such Surface Easement Request for its intended use by the receiving Party; provided, however, the receiving Party shall, when evaluating the criteria in this clause (iii), take into consideration the reasonably anticipated timing of its operations on such Surface Right in relation to the anticipated duration and effect of the requesting Party’s proposed surface use, and shall not unreasonably withhold, condition, or delay its approval if such duration and effect would not render the affected Surface Right substantially unfit for such receiving Party’s intended use, based on such timingRequest. Should the Party receiving such Surface Easement Request be satisfied that each of both clause (i), ) and clause (ii), and clause (iii) of this Section 5.2(b) be satisfied by such Surface Easement Request, and subject to any restrictions under applicable Existing Permits/Agreements and the other terms of this Agreement, such Party shall prepare and deliver, without costs or fees, deliver such Surface Easement surface easement to the requesting Party; provided, which Surface Easement however, such surface easement shall be granted on a non-exclusive basis. In contain language that it is subject to (i) any applicable restrictions under any Existing Permits/Agreements, (ii) the event that the Party receiving such Surface Easement Request finds that the criteria in clause other terms of this Agreement, and (iii) is not satisfied, such Party shall cooperate with the requesting Party, in order to identify a mutually acceptable location on the affected Surface Right that will satisfy that criteria, including by meeting on-site with the requesting Party within fifteen (15) days of being requested to do so in writing; provided, further, that if such Surface Easement Request is by a Gas Party for a location outside a Coal Area and the Parties are unable to agree on a mutually acceptable location within thirty (30) days following Coal Party’s receipt of the request, then Coal Party shall grant the Surface Easement as requested by Gas Partyany applicable Laws. (c) Any Surface Easement surface easement delivered to a Party pursuant to a Surface Easement Request under this Section 5.2 or Section 5.1(b) shall be in recordable form and in form and substance reasonably satisfactory to the Party to whom the easement is grantedrequesting Party. Any Surface Easement surface easement granted pursuant to a Surface Easement Request under this Section 5.2 or Section 5.1(b5.2(c) shall survive the expiration or termination of this Agreement and shall be binding upon the Parties’ respective successors and assigns in accordance with its terms, which easement shall contain language that it is non-exclusive and revocable and subject to (i) any applicable restrictions under any Existing Permits/Agreements, (ii) any applicable terms and conditions of this Agreement, including a granting Party’s right to require relocation in accordance with this Agreement; provided, however, granting Party shall have no right to require relocation of, and the terms and conditions of any easements granted shall not include relocation provisions for, any slope, shaft, impoundment, overland belt, or substation easements granted to Coal Party, and (iii) any applicable Laws. (d) With respect to Surface Easements granted by Coal Party pursuant to this Agreement, Coal Party shall have the right to relocate such Surface Easements as set forth in Section 3.3(d). With respect to Surface Easements granted by Gas Party pursuant to this Agreement, Gas Party may require at any time that the Coal Party relocate (within a reasonable time, but in no event later than twenty-four (24) months following receipt of such notice from Gas Party) any such Surface Easement if such Surface Easement is reasonably expected by Gas Party to interfere with Gas Party’s present or planned operations or uses in, on, or under any of its Gas Interests or surface interests, and all costs and expenses of Coal Party (i) associated with the initial relocation requested by Gas Party shall be borne 100% by Coal Party and (ii) associated with a second or further relocation requested by Gas Party with respect to any Surface Easement that has been previously relocated pursuant hereto shall be split equally between Coal Party and Gas Party.