Common use of Existing Roads Clause in Contracts

Existing Roads. To the extent it may do so, the Lessor grants to Lessee the right to use any existing public roads on the Crow Reservation and the right to improve such roads. Subject to the provisions of Article 4 of this Coal Lease and compliance with applicable laws and regulations governing rights-of-way across Indian lands, Lessor shall also grant to Lessee the right to construct, maintain, and use new roads within the Crow Reservation to facilitate activities contemplated by this Coal Lease. Before Lessee paves or improves any existing road, or constructs a new road which provides a link to an existing road providing access beyond the Leased Premises, the Lessor shall be notified of the plan for such road. The location and construction of any new roads shall require the consent of the Lessor and Secretary pursuant to applicable federal law, provided that the Lessor’s consent may not be unreasonably withheld. Lessee will not dedicate any road constructed by it within the Leased Premises for public use and such roads will be marked with signs indicating that they are only for private use unless Lessor determines that such road is needed as a public road, subject, however, to the consent of Lessee. Upon expiration of this Coal Lease, or at such times as the roads constructed on the Leased Premises are no longer needed by Lessee for the activities contemplated under this Coal Lease, the rights granted by Lessor to Lessee to use such roads shall cease. Such roads shall then vest solely in the Lessor or surface owner, which shall assume all further responsibility for the upkeep and maintenance of such roads, to the maximum extent allowed by law.