Permits and Bonds Clause Samples

Permits and Bonds. (a) All material Permits held by the Company or the Company Subsidiaries are listed on Schedule 3.16(a) of the Company Disclosure Letter (the “Company Permits”). True and complete copies of each Company Permit have been made available to Parent. Except as set forth on Schedule 3.16(a) of the Company Disclosure Letter, no action or claim is pending, or, to the knowledge of the Company, threatened, to revoke, suspend, modify, alter, amend or terminate any Company Permit, or to declare any Company Permit invalid in any respect. (b) Except as set forth on Schedule 3.16(b) of the Company Disclosure Letter, the Company’s Operations are and have been, since January 1, 2010, in compliance, in all material respects, with the Company Permits, the Surface Mining Control and Reclamation Act of 1977, as amended, and similar state Laws, and in accordance with reclamation plans submitted with respect to the Company Permits, including any such variances, deferrals, or temporary cessations as may have since been granted or otherwise be applicable thereto. (c) The Company and the Company Subsidiaries have posted all reclamation and performance bonds required to be posted in connection with the Company’s Operations. All reclamation and performance bonds posted by the Company or any of the Company Subsidiaries in connection with the Company’s Operations are listed on Schedule 3.16(c) of the Company Disclosure Letter (collectively, the “Bonds”). Except as set forth on Schedule 3.16(c) of the Company Disclosure Letter, no action or claim is pending or, to the knowledge of the Company, threatened to forfeit, collect, or otherwise draw upon any Bonds.

Permits and Bonds. (a) Except as set forth on Schedule 3.19(a)(1), each Company has all material permits, licenses, franchises, approvals, certificates or authorizations (collectively, the "Permits") of any federal, state or local governmental or regulatory body required in order to permit it to carry on its business as presently conducted, all of which are in full force and effect. All material Permits held by any Company are listed on Schedule 3.19(a)(2) (the "Mid-Vol Permits"). Except as set forth on Schedule 3.19(a)(3) or otherwise specifically disclosed to Purchaser, no misrepresentations or willful, intentional or negligent omissions were made of any material fact in obtaining any Mid-Vol Permits or any Permits that are Contributed Assets ("Contributed Permit"). No action or claim is pending, or, to the best of Principal Shareholder's knowledge, threatened or contemplated, to revoke, suspend, modify, alter, amend or terminate any Mid-Vol Permit or Contributed Permit, or to declare any Mid-Vol Permit or Contributed Permit invalid in any respect, and the Principal Shareholder knows of no reason that would justify such action. Except as set forth on Schedule 3.19(a)(4), no Company has received any notice of noncompliance since January 1, 1997. (b) The Companies have posted all reclamation and performance bonds required to be posted in connection with their operations. All reclamation and performance bonds posted by each Company in connection with its operations are listed on Schedule 3.19(b)(1) (collectively, the "Bonds"). Except as disclosed on Schedule 3.19(b)(2) or otherwise specifically disclosed to Purchaser: (i) the Companies or the Permitted Party, as the case may be, are in compliance in all material respects with all reclamation requirements of the Mid-Vol Permits and Contributed Permits required to date by law; and (ii) the operation of the Companies' coal mining and processing operations and the state of reclamation with respect to the Mid-Vol Permits and the Contributed Permits are "current" or in "deferred status" regarding reclamation obligations and otherwise are in compliance in all material respects with all applicable mining, reclamation, health and safety and all other applicable laws and regulations (including, without limitation, all aspects of the Federal Coal Mine Health and Safety Act of 1969, as amended, and the Federal Mine Safety and Health Act of 1977, as amended, and similar state laws and regulations) and in accordance with reclamation plans ...

Permits and Bonds. Following the execution of this Agreement, Independent Contractor shall diligently seek to obtain all approvals and consents from any federal, state or local governmental agency to Independent Contractor performing the Work on the Premises, including, without limitation, the transfer or assignment of all applicable mining and mining related permits. Upon the expiration or termination of this Agreement, Independent Contractor shall surrender or relinquish all such approvals and permits. Independent Contractor shall secure, maintain and comply with all permits and bonds required to perform the Work, and Independent Contractor shall perform all remedial or abatement work and pay all fines and assessments related to its failure to comply therewith. Independent Contractor shall not be responsible for violations of any governmental permits that occurred prior to the Commencement Date. Copies of all applications made to and of all licenses, permits, bonds, amendments, modifications, inspection reports and compliance, non-compliance or other orders issued by any governmental authority, and any plans and maps or other information compiled, made and filed by Independent Contractor with or furnished to any governmental authority or communication had therewith concerning any of the foregoing shall be made available to AWVMC before they are filed with or furnished to the governmental authority or immediately upon receipt from any governmental authority. Independent Contractor shall indemnify, hold harmless and defend AWVMC and its affiliates from and against all claims, costs and expenses, including reasonable attorneys' fees, in connection with or arising out of these documents or any dispute relating to these documents that may occur during the term of this Agreement. This covenant of indemnity shall survive termination or expiration of this Agreement.

Permits and Bonds. All permits and bonds necessary and effective during the prosecution of the work and subsequent guaranty period, shall be obtained and paid for by the Applicant. The Applicant shall give all notices required by such permits and provide all bonding and insurance required by such permits. The Applicant shall provide the City with a copy of all such permits before construction begins. The Applicant shall obtain and pay for all surveys, easements, rights-of-way and franchises required for the works.

Permits and Bonds. Following the execution of this Agreement, Independent Contractor shall diligently seek to obtain all approvals and consents from any federal, state or local governmental agency to Independent Contractor performing the Work on the Premises, including, without limitation, an operator reassignment of all applicable mining and mining related permits. Upon the expiration or termination of this Agreement, Independent Contractor shall surrender or relinquish all such approvals, permits and operator reassignments. Independent Contractor shall secure, maintain and comply with all permits required to perform the Work, and Independent Contractor shall perform all remedial or abatement work and pay all fines and assessments related to its failure to comply therewith. Independent Contractor shall not be responsible for violations of any governmental permits that occurred prior to the Commencement Date. Copies of all applications made to and of all licenses, permits, bonds,

Permits and Bonds. In the event that not all of AEI's permits and licenses (the "Permits") have been transferred to the Company or Tennessee Mining, Inc. ("TMI"), as appropriate, by the Closing, AEI shall cooperate with the Company in any reasonable arrangement (that is mutually agreeable to AEI and the Company) designed to provide to the Company or TMI, as the case may be, the benefits under any such Permits. In the event that not all Replacement Bonds (as defined in Section 13.2) have been accepted by the appropriate governmental authority as of the Closing, AEI shall maintain in full force, following the Closing, all of AEI's reclamation and performance bonds (the "Bonds") that have not been replaced.

Permits and Bonds. Lessee shall diligently work to obtain the transfer of all of the permits shown on Exhibit D (collectively, the “Permits”) into Lessee’s name as soon as can practicably be done after notice from Lessor, at Lesse▇’▇ ▇▇pense. Lesse▇ ▇▇▇▇es to substitute its bonds for the Permits. Lessee shall be responsible for obtaining all other permits, bonds, licenses and other agreements required for it to operate the Facility. In the event that Lessee does not (i) transfer of all of the Permits into its name and acquire bonds for the Permits within ninety (90) after notice from Lessor or (ii) obtain all other permits, bonds, licenses and agreements required to operate the Facility as soon as practicable, but in no event later than one hundred eighty (180) days from the date of the execution of this Agreement, then Lessor may, at its option, terminate this Agreement by serving written notice thereof to Lessee. If, however, Lesse▇ ▇▇▇ been diligent in its efforts to have the Permits transferred and the transfer of the Permits is being held up through no fault of Lessees, then Lessor will give this due consideration. During the period when Lessee is operating the Facility prior to the transfer of the Permits, Lessee shall be bound by all terms and conditions of the Permits and their bonds, maintain responsibility and liability therefore, perform all work Elk Ridge, Inc. (7/7/05) 6 CONFIDENTIAL MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. BOXES AND ASTERISKS DENOTE SUCH OMISSION. in accordance therewith and pay all fines, fees and assessments issued with regard to the Permits. Lessee shall also file all reports and notices necessary to maintain the Permits, properly establish and serve notice of its exclusive responsibility for the Facility’s operation and properly establish its exclusive responsibility for the health and safety of Lessee’s employees. Upon the expiration, termination or cancellation of this Agreement, Lessor may elect to (i) require Lessee to transfer to Lessor or Lessor’s designee any and all permits and licenses, including the Permits and the Service Agreement, that Lessee holds for the Facility, without payment therefore, such transfers to be made at the expense of Lessor, (ii) require Lessee to complete its reclamations obligations under the Permits after Lessor has had 180 days to remove such of the Facility as it may elect to recover, or (iii) require Lessee to immediately commence reclamation activities...

Permits and Bonds. (a) During the term of this Agreement, the GMMV will use commercially reasonable efforts to maintain, or to cause KUC to maintain, the operating permits and bonds set out in Exhi▇▇▇ B to this Agreement; provided, however, that the GMMV does not make any representation or warranty with respect to its ability to maintain or to cause to be maintained such permits or bonds, or with respect to the ability of USE/CC to conduct any operations on or with respect to the Mining Properties pursuant to such permits and bonds nor does the GMMV represent or warrant that such permits and bonds are the only permits and bonds required to conduct operations on the Mining Properties. For all permits and bonds that remain in the name of the GMMV or KUC, the GMMV will make all payments and provide all notices ▇▇▇uired with respect to such permits and bonds. USE/CC shall develop and shall recommend to the GMMV a strategy for negotiation of all amendments, renewals or other modifications to such permits or bonds as may be necessary to allow USE/CC to complete the Work. The GMMV will implement such strategy in cooperation with USE/CC unless such strategy is, in the GMMV's reasonable judgment, inconsistent with applicable law, regulation or administrative policy or the terms of this Agreement, such strategy jeopardizes the continued existence of such permits or bonds or such strategy will subject the GMMV to penalties under such law, regulation, policy, permits or bonds. To the extent permitted by applicable law, regulation and administrative policy and so long as such direction is consistent with the preceding sentence, USE/CC will prepare all correspondence, drawings and other documents related to, and will direct the course of all negotiations with such agencies and businesses with respect to the terms, conditions, renewals, amendments, extensions, replacement or transfer of such permits and bonds; provided that the GMMV will initiate all contacts with the agencies or businesses involved and will participate in all meetings and telephone conferences or other conversations with such agencies and businesses and will approve in advance the form and content of all correspondence and other documents prepared by USE/CC in connection with such negotiations prior to submission to such agencies and businesses. (b) USE/CC shall also promptly develop a strategy with respect to, and advise the GMMV as to, any additional permit or bond or increase in the amount of an existing bond that is o...

Permits and Bonds. Following the execution of this Agreement, Independent Contractor shall diligently seek to obtain all approvals and consents from any federal, state or local governmental agency to Independent Contractor performing the Work on the Permits, including, without limitation, an operator reassignment of the Permits with the Maryland Bureau of Mines or other applicable state or federal agency. Upon termination of this Agreement, Independent Contractor shall surrender or relinquish the operator reassignment with the Maryland Bureau of Mines. Independent Contractor shall comply with all permits, including, without limitation, the Permits, required to perform the Work, and Independent Contractor shall perform all remedial or abatement work and pay all fines and assessments related to its failure to comply therewith. Independent Contractor shall not be responsible for violations of the Permits prior to the Effective Date. Copies of all applications made to and of all licenses, permits, bonds, amendments, modifications, inspection reports and compliance, non-compliance or other orders issued by any governmental authority, and any plans and maps or other information compiled, made and filed by Independent Contractor with or furnished to any governmental authority or communication had therewith concerning any of the foregoing shall be made available to AWVMC before they are filed with or furnished to the governmental authority or immediately