Common use of Non-Well Operations Clause in Contracts

Non-Well Operations. Coal Party may require at any time that Gas Party relocate (within a reasonable time, but in no event later than twenty-four (24) months following receipt of such notice) an easement, pipeline, facility, or other related equipment (other than a Well and associated Well equipment) (each, a “Non-Well Facility”) if any such Non-Well Facility is reasonably expected by Coal Party to interfere with Coal Party’s present or planned operations or uses in, on, or under any of the Coal Interests. Except with respect to the relocation of any Well (discussed above), all costs and expenses of Gas Party associated with a first relocation shall be borne 100% by Gas Party if at the time of construction it was within a Coal Area; otherwise, such costs and expenses shall be borne 50% by Gas Party and 50% by Coal Party. Coal Party may require a second or further relocation with respect to any Non-Well Facility; provided, however, that the costs of any such second or further relocation shall be borne solely by Coal Party. With respect to any Non-Well Facility existing in the Pennsylvania Mine Area as of the Execution Date, this Agreement shall govern and supersedes the MCSA, and if such Non-Well Facility was located in the (i) Coal Area at the time it was constructed, relocation costs and expenses shall be borne 100% by Gas Party and (ii) Non-Coal Area at the time it was constructed, relocation costs and expenses shall be borne 50% by Gas Party and 50% by Coal Party.