Common use of Mining Plans Clause in Contracts

Mining Plans. For the purpose of allowing AWVMC to protect its economic interest in and to the Premises, the Spruce Mine No. 1, the Coal and the Equipment, Independent Contractor shall, beginning on or before the Commencement Date and continuing thereafter on or before January 1 and July 1 of each year during the term of this Agreement, prepare mining plans and projections for the next succeeding 6-month period and submit such plans and projections to AWVMC for its written approval; provided, however, the proposed mining plans and projections submitted on or before the Commencement Date shall show plans and projections to December 31, 1999. The mining plans and projections shall take into consideration the amount of Coal which Independent Contractor is or may be required to deliver to AWVMC and the entire area proposed to be mined by Independent Contractor, and the mining plans and projections shall make suitable provisions for the reasonable and proper removal of all of the mineable and merchantable coal from the Premises. Independent Contractor shall not begin to perform Work in any area of the Premises unless and until AWVMC approves, in writing, such mining plans and projections so that AWVMC may, among other things, verify its title to or right to mine Coal from the areas of the Premises which may be subject to the proposed mining plans and projections. Upon approval of the mining plans and projections, Independent Contractor shall diligently follow such plans and projections in performing the Work under this

Mining Plans. For the purpose of allowing AWVMC to protect its economic interest in and to the Premises, the Spruce Mine No. 1Sentinel Mine, the Coal and the Equipment, Independent Contractor shall, beginning on or before the Commencement Date and continuing thereafter on or before January 1 and July 1 of each year during the term of this Agreement, prepare mining plans and projections for the next succeeding 6-month period and submit such plans and projections to AWVMC for its written approval; provided, however, the proposed mining plans and projections submitted on or before the Commencement Date shall show plans and projections to December 31, 1999. The mining plans and projections shall take into consideration the amount of Coal which Independent Contractor is or may be required to deliver to AWVMC and the entire area proposed to be mined by Independent Contractor, and the mining plans and projections shall make suitable provisions for the reasonable and proper removal of all of the mineable and merchantable coal from the Premises. Independent Contractor shall not begin to perform Work in any area of the Premises unless and until AWVMC approves, in writing, such mining plans and projections so that AWVMC may, among other things, verify its title to or right to mine Coal from the areas of the Premises which may be subject to the proposed mining plans and projections. Upon approval of the mining plans and projections, Independent Contractor shall diligently follow such plans and projections in performing the Work under thisthis Agreement. In the event Independent Contractor is unable to continue performing Work in accordance with the approved mining plans and projections, Independent Contractor shall immediately notify AWVMC in writing of its inability to continue and set forth in reasonable - 24 - 25 detail the reasons therefore. Independent Contractor shall submit revised mining plans and projections for approval by AWVMC as soon as possible. Independent Contractor shall employ a competent licensed land surveyor or registered professional engineer to make surveys, plans and maps of its operations within the Premises, and Independent Contractor shall furnish AWVMC promptly with two (2) copies of all maps required by any federal, state or local law, rule or regulation. In addition, on or before the 5th working day of each month during the term of this Agreement, Independent Contractor shall provide AWVMC with an up-to-date mine map showing the advancement for the preceding month and the mine plan for the next succeeding 1-month period.