Common use of Property Conditions Clause in Contracts

Property Conditions. The Parties agree that upon completion of Purchaser’s operations the Property shall be left in a condition consistent with the University’s designation of the Property as future development property. Therefore: (i) the Purchaser shall remove and stockpile all topsoil; and (ii) prior to initiating excavation activities at any particular site, the boundaries of each excavation site shall be marked by the Purchaser prior to initiation of excavation activities at such site; and (iii) prior to marking any new excavation site and allowing Purchaser to proceed at such new site, the University may require Purchaser to pay all Royalty due the University for its prior operations and further require Purchaser to complete reclamation on all prior excavation sites and otherwise make such sites comply with the requirements of this Agreement; and (iv) Purchaser shall take all reasonable steps to minimize blowing dust, such as reclaiming and reseeding areas in which extraction is complete, continuously watering disturbed or bare areas and areas open to excavation, and other appropriate steps as required to avoid blowing dust; and (v) Purchaser shall not excavate below the elevation of One Hundred Eighty (180.00) feet above sea level in the Mine Area., and (vi) Purchaser shall leave no pits or depressions or uneven topography and shall smooth the contours of the excavated area prior to replacement of topsoil and reseeding. Purchaser shall also ensure that no ponding, soil washing or erosion occurs and that existing water drainage patterns are maintained; and (vii) Purchaser shall reestablish all preexisting roads and access routes; and (viii) upon completion of its operations, Purchaser shall replace stockpiled topsoil on the lands disturbed by its operations, and fertilize and reseed the disturbed areas (using seed mix and amounts per Exhibit X) and ensure the proper reestablishment and growth of plant coverage, as part of its reclamation pursuant to Paragraph 29 hereof; and (ix) Purchaser shall obtain University approval prior to bringing additional top soil on to the Property, if necessary, for reclamation purposes.

Property Conditions. The Parties agree that upon completion of Purchaser’s operations the Property shall be left in a condition consistent with the University’s designation of the Property as future development property. Therefore: (i) the Purchaser shall remove and stockpile all topsoil; and (ii) prior to initiating excavation activities at any particular site, the boundaries of each excavation site shall be marked by the Purchaser prior to initiation of excavation activities at such site; and (iii) prior to marking any new excavation site and allowing Purchaser to proceed at such new site, the University may require Purchaser to pay all Royalty due the University for its prior operations and further require Purchaser to complete reclamation on all prior excavation sites and otherwise make such sites comply with the requirements of this Agreement; andthe (iv) Purchaser shall take all reasonable steps to minimize blowing dust, such as reclaiming and reseeding areas in which extraction is complete, continuously watering disturbed or bare areas and areas open to excavation, and other appropriate steps as required to avoid blowing dust; and (v) Purchaser shall not excavate below the elevation of One Hundred Eighty (180.00) feet above sea level in the Mine Area., and (vi) Purchaser shall leave no pits or depressions or uneven topography and shall smooth the contours of the excavated area prior to replacement of topsoil and reseeding. Purchaser shall also ensure that no ponding, soil washing or erosion occurs and that existing water drainage patterns are maintained; and (vii) Purchaser shall reestablish all preexisting roads and access routes; and (viii) upon completion of its operations, Purchaser shall replace stockpiled topsoil on the lands disturbed by its operations, and fertilize and reseed the disturbed areas (using seed mix and amounts per Exhibit X) and ensure the proper reestablishment and growth of plant coverage, as part of its reclamation pursuant to Paragraph 29 hereof; and (ix) Purchaser shall obtain University approval prior to bringing additional top soil on to the Property, if necessary, for reclamation purposes.