CNX Surface Use Agreement Sample Clauses

CNX Surface Use Agreement. Subject to applicable Legal Requirements and to valid restrictions contained in Contracts with third Persons, and except with respect to that certain ash-disposal facility located in the northeast corner of the property overlying the Pittsburgh Seam Coal Interests, which is the subject of a Permit issued by the Pennsylvania Department of Environmental Protection for the beneficial use of coal ash, said Permit being further designated as Permit No. 300-000-00, from time to time after Closing, but terminating on the fifth anniversary of the Closing, upon the written request of Peabody, CNX covenants and agrees that it shall execute and deliver, and CNX shall cause the CONSOL Parties to execute and deliver, one or more non-exclusive site-specific surface access and use agreements covering portions of the surface overlying the Pittsburgh Seam Coal Interests and the Kentucky Coal Interests, for which CNX or the CONSOL Parties possess rights as of the date hereof, in substantially the form agreed to by the Parties prior to the Closing Date (a “CNX Surface Use Agreement” or “CNX SUA”). Prior to entering into any CNX Surface Use Agreement with Peabody, CNX and the CONSOL Parties shall have the unfettered right to sell, from time to time, any surface overlying the Pittsburgh Seam Coal Interests and the Kentucky Coal Interests. Notwithstanding the foregoing, nothing in this Agreement shall be interpreted or construed to restrict Peabody’s common law or statutory rights to use the surface overlying the Pittsburgh Seam Coal Interests or Kentucky Coal Interests as an incident or right appurtenant to such Interests acquired by it under this Agreement.
Sample 1
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