Common use of Transition Permit Violations Clause in Contracts

Transition Permit Violations. If Sellers or their respective Affiliates receive a notice of violation under any Transition Permit following the date hereof but before the transfer or reissuance of such Transition Permit, which is based on or arises out of the activities or operations of Buyer after the date hereof, the applicable Seller will promptly notify Buyer, and Buyer shall be responsible for curing such violation and any obligation or liability associated therewith and shall indemnify Sellers and their Affiliates as provided in Section 8.2. If the Sellers determine, in their reasonable discretion, that Buyer will not cause such violation to be cured in the time period required by applicable Law, then Sellers shall have the right to cure such violation at Buyer’s expense after first providing Buyer with written notice of the Sellers’ intent to cure and a reasonable opportunity to either cure the violation or contest the violation.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cloud Peak Energy Resources LLC)

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Transition Permit Violations. If Sellers or their respective Affiliates receive Seller receives a notice of violation under any Transition Permit Item following the date hereof Closing Date but before the transfer or reissuance of such Transition PermitItem, which is based on or arises out of the activities or operations of Buyer after the date hereofClosing Date, the applicable Seller will promptly notify Buyer, and Buyer shall be responsible for curing such violation and any obligation or liability associated therewith and shall indemnify Sellers and their Affiliates as provided pursuant to Buyer’s indemnity obligation in Section 8.23.2 above. If the Sellers determineSeller determines, in their its reasonable discretion, that Buyer will not cause such violation to be cured in the time period required by applicable LawLaws, then Sellers Seller shall have the right to cure such violation for the account and at the expense of Buyer’s expense , after first providing Buyer with written notice of the Sellers’ Seller’s intent to cure and a reasonable opportunity to either cure the violation or contest the violation.

Appears in 1 contract

Samples: Purchase and Sale Agreement (WESTMORELAND COAL Co)

Transition Permit Violations. If Sellers Seller or their respective its Affiliates receive a notice of violation under any Transition Permit following the date hereof Closing Date but before the transfer or reissuance of such Transition Permit, which is based on or arises out of the activities or operations of Buyer after the date hereofClosing Date, the applicable Seller will promptly notify Buyer, and Buyer shall be responsible for curing such violation and any obligation or liability associated therewith and shall indemnify Sellers Seller and their its Affiliates as provided in Section 8.2. If the Sellers determineSeller determines, in their its reasonable discretion, that Buyer will not cause such violation to be cured in the time period required by applicable Law, then Sellers Seller shall have the right to cure such violation at Buyer’s expense after first providing Buyer with written notice of the Sellers’ Seller’s intent to cure and a reasonable opportunity to either cure the violation or contest the violation.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cloud Peak Energy Resources LLC)

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Transition Permit Violations. If Sellers or their respective Affiliates receive a notice of violation under any Transition Permit following the date hereof Closing Date but before the transfer or reissuance of such Transition Permit, which is based on or arises out of the activities or operations of Buyer after the date hereofClosing Date, the applicable Seller will promptly notify Buyer, and Buyer shall be responsible for curing such violation and any obligation or liability associated therewith and shall indemnify Sellers and their Affiliates as provided in Section 8.2. If the Sellers determine, in their reasonable discretion, that Buyer will not cause such violation to be cured in the time period required by applicable Law, then Sellers shall have the right to cure such violation at Buyer’s expense after first providing Buyer with written notice of the Sellers’ intent to cure and a reasonable opportunity to either cure the violation or contest the violation.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cloud Peak Energy Resources LLC)

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