Mineworkings Sample Clauses

Mineworkings. 9.6.1 Where, as the consequence of a Mineworking Failure the Scottish Ministers become entitled to make or levy Lane Occupation Charges, Service Shortfall Deductions, Unavailability Deductions or Lane Availability Failure Charges (Mineworking Deductions) in accordance with Schedule 6 (Payment Mechanism), the following provisions shall apply. 9.6.2 Within 10 Business Days of the later of the occurrence of a Mineworking Failure or the Company becoming aware of the occurrence of that Mineworking Failure the Company shall (at all times acting in accordance with Good Industry Practice): (a) institute such traffic management measures as are appropriate in the circumstances so as to ensure the availability of an equivalent number of Lanes as were available immediately prior to the occurrence of the Mineworking Failure, provided always that where the Company proposes to use Narrow Lanes the requirement for such shall be demonstrated to the Scottish Ministers’ reasonable satisfaction; and (b) submit to the Scottish Ministers a programme of action which will, when performed, mitigate the consequences of and remedy or rectify or otherwise resolve (to the extent reasonably practicable in the context of the Operations) the Mineworking Failure to the reasonable satisfaction of the Scottish Ministers within such period as is reasonable in the circumstances (the Mineworking Rectification Plan); and provided always that the Company has acted in accordance with Good Industry Practice when carrying out the Operations in the vicinity of any mineworkings then during that 10 Business Day period the Scottish Ministers shall not be entitled to make or levy any Mineworking Deductions. 9.6.3 The Company shall implement the Mineworking Rectification Plan timeously and in accordance with its terms. The Company shall be relieved of liability for Mineworking Deductions during the period in which the Company is diligently implementing the Mineworking Rectification Plan or such other period as is appropriate in the circumstances. 9.6.4 If at any time the Scottish Ministers (acting reasonably) are not satisfied with the implementation of the Mineworking Rectification Plan by the Company timeously and in accordance with its terms (other than for reasons or circumstances beyond the reasonable control of the Company) then the Scottish Ministers may by notice to the Company declare that the Scottish Ministers are forthwith entitled to make Mineworking Deductions.