Common use of XXXXXXXXX THE SECOND by the Grace Clause in Contracts

XXXXXXXXX THE SECOND by the Grace. of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth. TO ALL TO WHOM THESE PRESENTS shall come GREETING: KNOW YE that whereas by The Mining Xxx 0000, power is given to the Governor of Our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining for coal thereon AND WHEREAS by an Agreement made between the State of Western Australia and WESTERN COLLIERIES LTD. a company incorporated under the provisions of the Statutes of Western Australia and having its registered office at 517‑000 Xxx Xxxxxx, Xxxxx, in the said State (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Collie Coal (Western Collieries) Agreement Act, the State agreed to grant to the Company on application made by the Company a coal mining lease under and, except as otherwise provided by the Agreement, subject to the Mining Xxx 0000 AND WHEREAS the Company has now made application for a coal mining lease of the land hereinafter described for the purpose of mining thereon for coal: NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants and conditions in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE unto the Company but subject to the provisions of the Agreement all those pieces and parcels of land situated in the Collie River Mineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) and particularly described and delineated on the plan in the Schedule hereto and all those mines, seams, or deposits of coal in, on and under the said land (hereinafter called the “said mine”), together with the rights, liberties, easements, advantages and appurtenances thereto belonging or appertaining to a lessee of a coal mining lease under The Mining Xxx 0000 including all amendments thereof for the time being in force and all regulations made thereunder for the time being in force (which Act and regulations are hereinafter referred to as “the Mining Act”) or to which the Company is entitled under the Agreement, excepting and reserving out of this demise any portion of the said land which is now used for any public works or building whatsoever to hold the said land and the said mine and all and singular the premises hereby demised for the term of twenty one (21) years from the day of 197 with the right to renew the same for one further period of twenty one (21) years as provided in but subject to the terms covenants and conditions set out in the Agreement and to the Mining Act (as modified by the Agreement), YIELDING and paying therefor the rents and royalties as provided for in the Agreement AND WE do hereby declare that this lease is subject to the condition that the Company shall observe perform and carry out the provisions of the Coal Mines Regulation Xxx 0000, and all amendments thereof for the time being in force made thereunder and the provisions of the Mining Act (as modified by the Agreement) in so far as the same affect or have application to this lease or any renewal thereof. SPECIAL CONDITIONS (to be inserted) PROVIDED THAT this lease and any renewal thereof shall not be determined or forfeited otherwise than under and in accordance with the Agreement. AND PROVIDED FURTHER that all petroleum and minerals other than coal on or below the surface of the demised land are reserved to Her Majesty or any person claiming under her and that any person lawfully authorised in that behalf may have access to the demised land for the purpose of searching for and obtaining petroleum or, subject to the terms of the Agreement, minerals other than coal in any part of the land under the provisions of the Xxxxxxxxx Xxx 0000 or the Mining Act.

XXXXXXXXX THE SECOND by the Grace. of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth. TO ALL TO WHOM THESE PRESENTS shall come GREETING: KNOW YE that whereas by The Mining Xxx 0000, power is given to the Governor of Our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining for coal thereon AND WHEREAS by an Agreement made between the State of Western Australia and WESTERN COLLIERIES LTD. a company incorporated under the provisions of the Statutes of Western Australia and having its registered office at 517‑000 000-000 Xxx Xxxxxx, Xxxxx, in the said State (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Collie Coal (Western Collieries) Agreement Act, the State agreed to grant to the Company on application made by the Company a coal mining lease under and, except as otherwise provided by the Agreement, subject to the Mining Xxx 0000 AND WHEREAS the Company has now made application for a coal mining lease of the land hereinafter described for the purpose of mining thereon for coal: NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants and conditions in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE unto the Company but subject to the provisions of the Agreement all those pieces and parcels of land situated in the Collie River Mineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) and particularly described and delineated on the plan in the Schedule hereto and all those mines, seams, or deposits of coal in, on and under the said land (hereinafter called the “said mine”), together with the rights, liberties, easements, advantages and appurtenances thereto belonging or appertaining to a lessee of a coal mining lease under The Mining Xxx 0000 including all amendments thereof for the time being in force and all regulations made thereunder for the time being in force (which Act and regulations are hereinafter referred to as “the Mining Act”) or to which the Company is entitled under the Agreement, excepting and reserving out of this demise any portion of the said land which is now used for any public works or building whatsoever to hold the said land and the said mine and all and singular the premises hereby demised for the term of twenty one (21) years from the day of 197 with the right to renew the same for one further period of twenty one (21) years as provided in but subject to the terms covenants and conditions set out in the Agreement and to the Mining Act (as modified by the Agreement), YIELDING and paying therefor the rents and royalties as provided for in the Agreement AND WE do hereby declare that this lease is subject to the condition that the Company shall observe perform and carry out the provisions of the Coal Mines Regulation Xxx 0000, and all amendments thereof for the time being in force made thereunder and the provisions of the Mining Act (as modified by the Agreement) in so far as the same affect or have application to this lease or any renewal thereof. SPECIAL CONDITIONS (to be inserted) PROVIDED THAT this lease and any renewal thereof shall not be determined or forfeited otherwise than under and in accordance with the Agreement. AND PROVIDED FURTHER that all petroleum and minerals other than coal on or below the surface of the demised land are reserved to Her Majesty or any person claiming under her and that any person lawfully authorised in that behalf may have access to the demised land for the purpose of searching for and obtaining petroleum or, subject to the terms of the Agreement, minerals other than coal in any part of the land under the provisions of the Xxxxxxxxx Xxx 0000 or the Mining Act.

XXXXXXXXX THE SECOND by the Grace. of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth. TO ALL TO WHOM THESE PRESENTS shall come GREETING: KNOW YE that whereas by The Mining Xxx 0000Act 1904, power is given to the Governor of Our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining for coal thereon AND WHEREAS by an Agreement made between the State of Western Australia and WESTERN COLLIERIES LTD. a company incorporated under the provisions of the Statutes of Western Australia and having its registered office at 517‑000 000-000 Xxx Xxxxxx, Xxxxx, in the said xx xxx xxxx State (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Collie Coal (Western Collieries) Agreement Act, the State agreed to grant to the Company on application made by the Company a coal mining lease under and, except as otherwise provided by the Agreement, subject to the Mining Xxx 0000 Act 1904 AND WHEREAS the Company has now made application for a coal mining lease of the land hereinafter described for the purpose of mining thereon for coal: NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants and conditions in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE unto the Company but subject to the provisions of the Agreement all those pieces and parcels of land situated in the Collie River Mineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) and particularly described and delineated on the plan in the Schedule hereto and all those mines, seams, or deposits of coal in, on and under the said land (hereinafter called the “said mine”), together with the rights, liberties, easements, advantages and appurtenances thereto belonging or appertaining to a lessee of a coal mining lease under The Mining Xxx 0000 Act 1904 including all amendments thereof for the time being in force and all regulations made thereunder for the time being in force (which Act and regulations are hereinafter referred to as “the Mining Act”) or to which the Company is entitled under the Agreement, excepting and reserving out of this demise any portion of the said land which is now used for any public works or building whatsoever to hold the said land and the said mine and all and singular the premises hereby demised for the term of twenty one (21) years from the day of 197 with the right to renew the same for one further period of twenty one (21) years as provided in but subject to the terms covenants and conditions set out in the Agreement and to the Mining Act (as modified by the Agreement), YIELDING and paying therefor the rents and royalties as provided for in the Agreement AND WE do hereby declare that this lease is subject to the condition that the Company shall observe perform and carry out the provisions of the Coal Mines Regulation Xxx 0000Act 1946, and all amendments thereof for the time being in force made thereunder and the provisions of the Mining Act (as modified by the Agreement) in so far as the same affect or have application to this lease or any renewal thereof. SPECIAL CONDITIONS (to be inserted) PROVIDED THAT this lease and any renewal thereof shall not be determined or forfeited otherwise than under and in accordance with the Agreement. AND PROVIDED FURTHER that all petroleum and minerals other than coal on or below the surface of the demised land are reserved to Her Majesty or any person claiming under her and that any person lawfully authorised in that behalf may have access to the demised land for the purpose of searching for and obtaining petroleum or, subject to the terms of the Agreement, minerals other than coal in any part of the land under the provisions of the Xxxxxxxxx Xxx 0000 Petroleum Act 1967 or the Mining Act.

XXXXXXXXX THE SECOND by the Grace. of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth. TO ALL TO WHOM THESE PRESENTS shall come GREETING: KNOW YE that whereas by The Mining Xxx 0000Act 1904, power is given to the Governor of Our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining for coal thereon AND WHEREAS by an Agreement made between the State of Western Australia and WESTERN COLLIERIES LTD. a company incorporated under the provisions of the Statutes of Western Australia and having its registered office at 517‑000 000-000 Xxx Xxxxxx, Xxxxx, in the said State (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Collie Coal (Western Collieries) Agreement Act, the State agreed to grant to the Company on application made by the Company a coal mining lease under and, except as otherwise provided by the Agreement, subject to the Mining Xxx 0000 Act 1904 AND WHEREAS the Company has now made application for a coal mining lease of the land hereinafter described for the purpose of mining thereon for coal: NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants and conditions in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE unto the Company but subject to the provisions of the Agreement all those pieces and parcels of land situated in the Collie River Mineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) and particularly described and delineated on the plan in the Schedule hereto and all those mines, seams, or deposits of coal in, on and under the said land (hereinafter called the “said mine”), together with the rights, liberties, easements, advantages and appurtenances thereto belonging or appertaining to a lessee of a coal mining lease under The Mining Xxx 0000 Act 1904 including all amendments thereof for the time being in force and all regulations made thereunder for the time being in force (which Act and regulations are hereinafter referred to as “the Mining Act”) or to which the Company is entitled under the Agreement, excepting and reserving out of this demise any portion of the said land which is now used for any public works or building whatsoever to hold the said land and the said mine and all and singular the premises hereby demised for the term of twenty one (21) years from the day of 197 with the right to renew the same for one further period of twenty one (21) years as provided in but subject to the terms covenants and conditions set out in the Agreement and to the Mining Act (as modified by the Agreement), YIELDING and paying therefor the rents and royalties as provided for in the Agreement AND WE do hereby declare that this lease is subject to the condition that the Company shall observe perform and carry out the provisions of the Coal Mines Regulation Xxx 0000Act 1946, and all amendments thereof for the time being in force made thereunder and the provisions of the Mining Act (as modified by the Agreement) in so far as the same affect or have application to this lease or any renewal thereof. Schedule 1 SPECIAL CONDITIONS (to be inserted) PROVIDED THAT this lease and any renewal thereof shall not be determined or forfeited otherwise than under and in accordance with the Agreement. AND PROVIDED FURTHER that all petroleum and minerals other than coal on or below the surface of the demised land are reserved to Her Majesty or any person claiming under her and that any person lawfully authorised in that behalf may have access to the demised land for the purpose of searching for and obtaining petroleum or, subject to the terms of the Agreement, minerals other than coal in any part of the land under the provisions of the Xxxxxxxxx Xxx 0000 Petroleum Act 1967 or the Mining Act.

XXXXXXXXX THE SECOND by the Grace. of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth. TO ALL TO WHOM THESE PRESENTS shall come GREETING: KNOW YE that whereas by The Mining Xxx 0000Act 1904, power is given to the Governor of Our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining for coal thereon AND WHEREAS by an Agreement made between the State of Western Australia and WESTERN COLLIERIES LTD. a company incorporated under the provisions of the Statutes of Western Australia and having its registered office at 517‑000 000‑000 Xxx Xxxxxx, Xxxxx, in the xx xxx said State (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Collie Coal (Western Collieries) Agreement Act, the State agreed to grant to the Company on application made by the Company a coal mining lease under and, except as otherwise provided by the Agreement, subject to the Mining Xxx 0000 Act 1904 AND WHEREAS the Company has now made application for a coal mining lease of the land hereinafter described for the purpose of mining thereon for coal: NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants and conditions in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE unto the Company but subject to the provisions of the Agreement all those pieces and parcels of land situated in the Collie River Mineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) and particularly described and delineated on the plan in the Schedule hereto and all those mines, seams, or deposits of coal in, on and under the said land (hereinafter called the “said mine”), together with the rights, liberties, easements, advantages and appurtenances thereto belonging or appertaining to a lessee of a coal mining lease under The Mining Xxx 0000 Act 1904 including all amendments thereof for the time being in force and all regulations made thereunder for the time being in force (which Act and regulations are hereinafter referred to as “the Mining Act”) or to which the Company is entitled under the Agreement, excepting and reserving out of this demise any portion of the said land which is now used for any public works or building whatsoever to hold the said land and the said mine and all and singular the premises hereby demised for the term of twenty one (21) years from the day of 197 with the right to renew the same for one further period of twenty one (21) years as provided in but subject to the terms covenants and conditions set out in the Agreement and to the Mining Act (as modified by the Agreement), YIELDING and paying therefor the rents and royalties as provided for in the Agreement AND WE do hereby declare that this lease is subject to the condition that the Company shall observe perform and carry out the provisions of the Coal Mines Regulation Xxx 0000Act 1946, and all amendments thereof for the time being in force made thereunder and the provisions of the Mining Act (as modified by the Agreement) in so far as the same affect or have application to this lease or any renewal thereof. SPECIAL CONDITIONS (to be inserted) PROVIDED THAT this lease and any renewal thereof shall not be determined or forfeited otherwise than under and in accordance with the Agreement. AND PROVIDED FURTHER that all petroleum and minerals other than coal on or below the surface of the demised land are reserved to Her Majesty or any person claiming under her and that any person lawfully authorised in that behalf may have access to the demised land for the purpose of searching for and obtaining petroleum or, subject to the terms of the Agreement, minerals other than coal in any part of the land under the provisions of the Xxxxxxxxx Xxx 0000 Petroleum Act 1967 or the Mining Act.