Common use of Berms Clause in Contracts

Berms. Great Northern shall maintain existing berms now located on its Mining Sites until such time as they are replaced or removed pursuant to a Reclamation Plan or are replaced by other screening measures. With respect to houses situated on properties adjoining the mine site on December 19, 2012, to the extent that no berm exists, Great Northern shall make inquiry in writing of the Owner of each such house as to whether or not the Owner desires that a berm be constructed, and if not, Great Northern shall not be required to construct a berm in that location. Great Northern shall not be required to install berms opposite houses that are constructed after the Effective Date.

Appears in 2 contracts

Sources: Operations Agreement, Operations Agreement