Use of Overburden by SFPMC Sample Clauses

Use of Overburden by SFPMC. Subject to Applicable Law and SFPMC ------------------------------ obtaining any necessary Licenses, and to the extent, that HNRC has the right and power to do so, HNRC grants unto SFPMC the right to remove Overburden from Stockpiles situated upon the SFPMC Leased Property during the SFPMC Lease Term for use in connection with the Mesquite Mine. Additionally, HNRC shall not object to any removal by Hospah or SFPMC of Overburden from the Hospah Owned Property for use in connection with the Mesquite Mine. Each of Hospah and SFPMC shall retain and/or assume all Reclamation and Environmental Responsibilities relative to Overburden that it removes from Stockpiles or otherwise uses in connection with the Mesquite Mine. As between the Parties and to the extent permitted by Licenses and Applicable Law, ownership of Overburden removed by SFPMC from Stockpiles situated upon the SFPMC Leased Property for use in connection with the Mesquite Mine shall be deemed transferred to SFPMC upon such removal of the Overburden from Stockpile. SFPMC's right to remove Overburden from the SFPMC Leased Property during the SFPMC Lease Term and Hospah's and SFPMC's right to remove overburden from the Hospah Owned Property pursuant to this Article V for use in connection with the Mesquite Mine, shall be superior to and take priority over all rights of HNRC to remove Overburden from such lands for use in connection with the Landfill Project. HNRC shall not remove Overburden from such lands for use in connection with the Landfill Project unless, immediately following such removal, sufficient Overburden remains available to Hospah and SFPMC to satisfy their reasonably foreseeable requirements for Overburden in connection with the Mesquite Mine.
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