Pennsy Clause Samples

Pennsy. Pennsy shall, consistent with its obligations pursuant to the other provisions of this section, have the right to reasonably direct and control the dewatering of the Pennsy Tract being mined (currently the Pennsy West Tract) by AES. Pennsy shall have, by way of illustration, the right to direct AES (1) to increase or decrease pumping by twenty (20%) percent, daily, to provide for greater or lesser dewatering of the Pennsy Tract then being mined; and (2) to pump at times when Utility Expenses are at the lowest rates. An example of the type of direction which may be provided by Pennsy is attached hereto as Exhibit 8.1(c)(2), incorporated herein by reference.