Exploration Rights. Notwithstanding anything contained herein to the contrary, Lessee, prior to taking exclusive possession of the Leased Premises for its mining operations, shall have the right to enter into, upon, over, across and through the Leased Premises at any time, and from time to time, to examine, explore, prospect, drill, test and evaluate as it deems appropriate all of the Leased Premises for coal and substances mixed with the coal, using such persons, tools, machinery and equipment as Lessee may deem necessary or convenient for the purpose of determining whether such coal exists; provided, however, that prior to the movement of drilling equipment onto any of the Leased Premises, Lessor shall be notified of such exploration activities by Lessee; and, provided further, however, that upon completion of such exploration, all drill holes shall be plugged in accordance with applicable state and federal laws, rules and regulations. In the event there are growing crops on the Leased Premises which are damaged or destroyed by Lessee’s exploration, drilling or other activities on the Leased Premises, Lessee shall pay the fair market value of such damaged crops to Lessor. In the event the parties hereto are unable to agree upon the value within 30 days of completion of exploration activities, each party shall select an appraiser and the two appraisers selected shall agree upon a fair value for such crops; provided, however, that in the event the two appraisers cannot so agree within 30 days after their selection, they shall select a third appraiser and the decision of the majority of the appraisers shall be binding upon both parties hereto.
Appears in 6 contracts
Samples: Mining Lease (Armstrong Energy, Inc.), Mining Lease (Armstrong Energy, Inc.), Mining Lease (Armstrong Energy, Inc.)
