Mining Permits. a. Unless otherwise agreed in writing, Contractor shall obtain all necessary state, federal, or local mining permits and a Mine Safety and Health Administration identification number for all operations hereunder. Contractor agrees, upon termination of this Agreement by either party, to transfer or surrender, as requested by Owner, any and all mining permits and/or mining agreements obtained by or for the Contractor for mining operations, as Owner shall direct. In this connection, Contractor shall provide Owner with sufficient information to gain approval from the Illinois Department of Natural Resources, or any other federal or state governmental authority whose approval may be required, for Contractor to conduct operations on the Premises. In addition, upon request of Owner, Contractor will execute permitting forms Owner will prepare using the information and documentation supplied by Contractor. b. To effectuate the rights and interests in this paragraph 13, Contractor hereby irrevocably appoints the Owner its true and lawful attorney, with power of substitution, for the Contractor and in the Contractor’s name, or in the Owner’s name or otherwise, for its use and benefit, (i) to assign, transfer, surrender, cancel, or terminate and take any other action with respect to or otherwise deal with the federal and state mining permits and licenses issued to or held by the Contractor, as fully and completely as if the Owner were the permittee or licensee thereunder, and (ii) to make, execute, acknowledge, and file any documents or instruments which may be required in or to effectuate such assignment, transfer, cancellation, termination, or other action with respect to such permit. c. The power of attorney granted in this paragraph shall survive termination of this Agreement and shall survive the liquidation, dissolution, death, or incapacity of the Contractor. The powers conferred on the Owner by this paragraph are solely to protect its interests and shall not impose any duties upon the Owner to exercise any such powers. Contractor agrees to execute and deliver to Owner an instrument in recordable form, as provided for in applicable state law, to effectuate the purposes of this paragraph 13.
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Sources: Contract Mining Agreement (Foresight Energy LP), Contract Mining Agreement (Foresight Energy LP), Contract Mining Agreement (Foresight Energy LP)
Mining Permits. a. Unless otherwise agreed in writing, Contractor shall obtain all necessary state, federal, or local mining permits and a Mine Safety and Health Administration identification number for all operations hereunder. Contractor agrees, upon termination of this Agreement by either party, to transfer or surrender, as requested by Owner, any and all mining permits and/or mining agreements obtained by or for the Contractor for mining operations, as Owner shall direct. In this connection, Contractor shall provide Owner with sufficient information to gain approval from the Illinois Department of Natural Resources, or any other federal or state governmental authority whose approval may be required, for Contractor to conduct operations on the Premises. In addition, upon request of Owner, Contractor will execute permitting forms Owner will prepare using the information and documentation supplied by Contractor.
b. To effectuate the rights and interests in this paragraph 13, Contractor hereby irrevocably appoints the Owner its true and lawful attorney, with power of substitution, for the Contractor and in the Contractor’s Contractors name, or in the Owner’s name or otherwise, for its use and benefit, (i) to assign, transfer, surrender, cancel, or terminate and take any other action with respect to or otherwise deal with the federal and state mining permits and licenses issued to or held by the Contractor, as fully and completely as if the Owner were the permittee or licensee thereunder, and (ii) to make, execute, acknowledge, and file any documents or instruments which may be required in or to effectuate such assignment, transfer, cancellation, termination, or other action with respect to such permit.
c. The power of attorney granted in this paragraph shall survive termination of this Agreement and shall survive the liquidation, dissolution, death, or incapacity of the Contractor. The powers conferred on the Owner by this paragraph are solely to protect its interests and shall not impose any duties upon the Owner to exercise any such powers. Contractor agrees to execute and deliver to Owner an instrument in recordable form, as provided for in applicable state law, to effectuate the purposes of this paragraph 13.the
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Mining Permits. a. Unless otherwise agreed to in writingwriting by the parties, Contractor shall obtain all necessary state, federal, or local mining permits and a Mine Safety and Health Administration identification number for all operations hereunder. Contractor agrees, upon termination of this Agreement by either party, to transfer or surrender, as requested by Owner, any and all mining permits and/or mining agreements obtained by or for the Contractor for mining operations, as Owner shall direct. In this connection, Contractor shall provide Owner with sufficient information to gain approval from the Illinois Department of Natural Resources, or any other federal or state governmental authority whose approval may be required, Resources for Contractor to conduct operations on the Premises. In addition, upon request of Owner, Contractor will execute permitting forms Owner will prepare using the information and documentation supplied by Contractor.
b. To effectuate the rights and interests in this paragraph 13, Contractor hereby irrevocably appoints the Owner its true and lawful attorney, with power of substitution, for the Contractor and in the Contractor’s name, or in the Owner’s name or otherwise, for its use and benefit, (i) to assign, transfer, surrender, cancel, or terminate and take any other action with respect to or otherwise deal with the federal and state mining permits and licenses issued to or held by the Contractor, as fully and completely as if the Owner were the permittee or licensee thereunder, and (ii) to make, execute, acknowledge, and file any documents or instruments which may be required in or to effectuate such assignment, transfer, cancellation, termination, or other action with respect to such permit.
c. The power of attorney granted in this paragraph shall survive termination of this Agreement and shall survive the liquidation, dissolution, death, or incapacity of the Contractor. The powers conferred on the Owner by this paragraph are solely to protect its interests and shall not impose any duties upon the Owner to exercise any such powers. Contractor agrees to execute and deliver to Owner an instrument in recordable form, as provided for in applicable state law, to effectuate the purposes of this paragraph 13.
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