Common use of -- Title to Coal, Depletion Clause in Contracts

-- Title to Coal, Depletion. Independent Contractor acknowledges and agrees that title to all Coal mined under this Agreement shall be vested in OWEC and Independent Contractor shall have no right to dispose of any of the Coal except as set forth in Section 5.4 below. Unless otherwise expressly provided herein, Independent Contractor shall not acquire and shall not have an economic interest in any of the Coal and OWEC shall have the full right to claim depletion for income tax or other purposes with respect to all of the Coal mined, produced and delivered hereunder. Independent Contractor expressly acknowledges and agrees that it will make no claim whatsoever to depletion for income tax or any other purposes with respect to the Coal mined under this Agreement and acknowledge that OWEC's exclusive right to depletion for any and all purposes was taken into account by the parties hereto in fixing the amounts owed Independent Contractor under Section 6.1 under this Agreement

Appears in 1 contract

Samples: Contract Mining Agreement (Inform Worldwide Holdings Inc)

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-- Title to Coal, Depletion. Independent Contractor acknowledges and agrees that title to all Coal mined under this Agreement shall be vested in OWEC AWVMC and Independent Contractor shall have no right to dispose of any of the Coal except after purchasing such Coal as set forth provided in Section 5.4 below4.8 above. Unless otherwise expressly provided herein, Independent Contractor shall not acquire and shall not have an economic interest in any of the Coal and OWEC AWVMC shall have the full right to claim depletion for income tax or other purposes with respect to all of the Coal mined, produced and delivered hereunder. Independent Contractor expressly acknowledges and agrees that it will make no claim whatsoever to depletion for income tax or any other purposes with respect to the Coal mined under this Agreement and acknowledge that OWECAWVMC's exclusive right to depletion for any and all purposes was taken into account by the parties hereto in fixing the amounts owed Independent Contractor under Section 6.1 Contract Price under this Agreement.

Appears in 1 contract

Samples: Contract Mining Agreement (Anker Coal Group Inc)

-- Title to Coal, Depletion. Independent Contractor acknowledges and agrees that title to all Coal mined under this Agreement shall be vested in OWEC AWVMC and Independent Contractor shall have no right to dispose of any of the Coal except after purchasing such Coal as set forth provided in Section 5.4 belowabove. Unless otherwise expressly provided herein, Independent Contractor shall not acquire and shall not have an economic interest in any of the Coal and OWEC AWVMC shall have the full right to claim depletion for income tax or other purposes with respect to all of the Coal mined, produced and delivered hereunder. Independent Contractor expressly acknowledges and agrees that it will make no claim whatsoever to depletion for income tax or any other purposes with respect to the Coal mined under this Agreement and acknowledge acknowledges that OWECAWVMC's exclusive right to depletion for any and all purposes was taken into account by the parties hereto in fixing the amounts owed Independent Contractor under Section 6.1 Contract Price under this Agreement.

Appears in 1 contract

Samples: Contract Mining Agreement (Anker Coal Group Inc)

-- Title to Coal, Depletion. Independent Contractor acknowledges and agrees that title to all Coal mined under this Agreement shall be vested in OWEC AWVMC and Independent Contractor shall have no right to dispose of any of the Coal except after purchasing such Coal as set forth provided in Section 5.4 belowabove. Unless otherwise expressly provided herein, Independent Contractor shall not acquire and shall not have an economic interest in any of the Coal and OWEC AWVMC shall have the full right to claim depletion for income tax or other purposes with respect to all of the Coal mined, produced and delivered hereunder. Independent Contractor expressly acknowledges and agrees that it will make no claim whatsoever to depletion for income tax or any other purposes with respect to the Coal mined under this Agreement and acknowledge that OWEC's exclusive right to depletion for any and all purposes was taken into account by the parties hereto in fixing the amounts owed Independent Contractor under Section 6.1 under this Agreementacknowledge

Appears in 1 contract

Samples: Contract Mining Agreement (Anker Coal Group Inc)

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-- Title to Coal, Depletion. Independent Contractor acknowledges and agrees that title to all Coal mined under this Agreement shall be vested in OWEC AWVMC and Independent Contractor shall have no right to dispose of any of the Coal except (i) after purchasing such Coal as provided in Section 5.6 above, or (ii) as set forth in Section 5.4 5.8 below. Unless otherwise expressly provided herein, Independent Contractor shall not acquire and shall not have an economic interest in any of the Coal and OWEC AWVMC shall have the full right to claim depletion for income tax or other purposes with respect to all of the Coal mined, produced and delivered hereunder. Independent Contractor expressly acknowledges and agrees that it will make no claim whatsoever to depletion for income tax or any other purposes with respect to the Coal mined under this Agreement and acknowledge that OWECAWVMC's exclusive right to depletion for any and all purposes was taken into account by the parties hereto in fixing the amounts owed Independent Contractor under Section 6.1 Contract Price under this Agreement.

Appears in 1 contract

Samples: Contract Mining Agreement (Anker Coal Group Inc)

-- Title to Coal, Depletion. Independent Contractor acknowledges and agrees that title to all Coal mined under this Agreement shall be vested in OWEC AWVMC and Independent Contractor shall have no right to dispose of any of the Coal except after purchasing such Coal as set forth provided in Section 5.4 belowabove. Unless otherwise expressly provided herein, Independent Contractor shall not acquire and shall not have an economic interest in any of the Coal and OWEC AWVMC shall have the full right to claim depletion for income tax or other purposes with respect to all of the Coal mined, produced and delivered hereunder. Independent Contractor expressly acknowledges and agrees that it will make no claim whatsoever to depletion for income tax or any other purposes with respect to the Coal mined under this Agreement and acknowledge that OWECAWVMC's exclusive right to depletion for any and all purposes was taken into account by the parties hereto in fixing the amounts owed Independent Contractor under Section 6.1 Contract Price under this Agreement.

Appears in 1 contract

Samples: Contract Mining Agreement (Anker Coal Group Inc)

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