Reclamation. This provision shall apply in the event that Company has: (a) delivered the part(s) to Customer on credit; (b) financed the sale of the part(s) to Customer or (c) has been engaged by Customer for the repair, reconditioning or refurbishment of part(s). As a condition of Company allowing Customer to accept delivery of the part(s) on credit, Customer represents and warrants to Company that Customer is solvent and is not presently a debtor in any bankruptcy case in any court of competent jurisdiction. In the event Customer becomes insolvent before delivery or while parts are in transit, it will immediately notify Company. The failure to notify Company immediately will be construed as a reaffirmation of Customer’s solvency at the time of delivery. Company will have the right to stop delivery of the parts by a bailee or other third party transporting the same if Customer becomes insolvent, repudiates or fails to make a payment due, in order to withhold or reclaim the parts under the provisions of the Uniform Commercial Code. In the event parts reach Customer prior to Company’s ability to stop parts and Customer cannot make payments within the agreed upon payment terms, Customer shall return the parts to Company at Customer’s expense. In the event of Customer’s insolvency, the foregoing invoice together with this Agreement shall constitute a demand by Company for reclamation of the part(s) in accordance with Section 2-702 of the Uniform Commercial Code and Section 546 (c)(1) of the United States Bankruptcy Code. In the event of Customer’s insolvency, Customer does hereby waive any defenses to Company’s reclamation of the part(s) and Customer shall promptly return possession of the parts to Company. Customer hereby grants a general lien on, and a security interest in, any assets belonging to Customer as security for the performance of its obligations hereunder or to satisfy any obligation owed by Customer to Company under any agreement.
Reclamation. Prior to termination of this Lease, the Company shall conserve, reclaim and remediate the Leased Area affected by the exercise of the rights granted to the Company under this Lease in accordance with the legislation and regulations in force at the time of such termination.
Reclamation. At its sole cost and expense, Purchaser shall reclaim and leave the Property at termination in a condition satisfactory to the University and consistent with the terms of this Agreement including but not limited to Paragraph 8 above, and in full compliance with all federal, state and local codes, regulations and statutes including but not limited to, compliance with Alaska Statutes 27.19 and 11 Alaska Administrative Code 97 (including but not limited to 11 AAC 97.250) and other applicable statutes and regulations that may be enacted by an entity with jurisdiction over the operations conducted on the Property during the Term. Purchaser’s responsibility to reclaim the Property shall include all areas developed, mined or otherwise disturbed by Purchaser. Purchaser’s responsibility to reclaim the Property under the terms of this Agreement shall survive termination of this Agreement. It is the intent of this Agreement that Purchaser shall reclaim all disturbed areas as soon as Purchaser’s use of the area is concluded.
Reclamation. Within six (6) months after abandonment of any well, including those abandonments resulting from termination of this Lease, Lessee shall remove all machinery, material, and structures used in connection with said well and not used in its other operations, if any, on the Premises, and shall fill in and level off all excavations, pits, or other alterations to the surface of the Premises caused in connection with said well, and, insofar as practical, shall, restore the Premises and the means of ingress and egress in compliance with all requirements of applicable reclamation laws and regulations, except reasonable wear and tear, acts of nature and conditions beyond the control of Lessee.
Reclamation. Upon completion, expiration, or termination of the contract, the site will be left in a condition that is acceptable to the DMLW and reclaimed in accordance with the DNR approved Mining and Reclamation plan. Reclamation shall be to the standards of the DMLW and shall include repair of access roads to and within the site, disposal of remaining stockpiles, other procedures that will be used to stabilize and reclaim the area and any other site specific measures that may be necessary. The buyer shall leave all slopes in a safe and stable condition at the end of each season.
Reclamation. When initiating an application form, @Link must have started installing equipment approved for collocation at GTE wire center or access tandem within a reasonable period of time, not to exceed six (6) months from the date @Link accepts the collocation arrangement. If @Link does not utilize its collocation space within the established time period, and has not met the space reservation requirements of Section 5.4, GTE may reclaim the unused collocation space to accommodate another CLEC’s request or GTE’s future space requirements. GTE shall have the right, for good cause shown, and upon six (6) months' notice, to reclaim any collocation space, cable space or conduit space in order to fulfill its obligation under public service law and its tariffs to provide telecommunication services to its end users. In such cases, GTE will reimburse @Link for reasonable direct costs and expenses in connection with such reclamation. GTE will make every reasonable effort to find other alternatives before attempting to reclaim any such space.
Reclamation. HNRC shall retain all Reclamation and Environmental ----------- Responsibilities (if any), with respect to the SFPMC Leased Property and all Improvements thereon, that had accrued and that were legally required to be performed and completed prior to the Closing Date., SFPMC shall and does hereby assume all, other accrued and unaccrued Reclamation and Environmental Responsibilities, now existing or arising at any time during the SFPMC Lease Term, with respect to the SFPMC Leased Property, all Improvements thereon and all Alterations and Additions thereto, including without limitation Improvements constructed or placed upon the SFPMC Leased Property by SFPMC, its agents or contractors during the SFPMC Lease Term. Termination, surrender or expiration of the SFPMC Lease shall not relieve or release SFPMC from any such Reclamation and Environmental Responsibilities. Pursuant to Articles V, VI and VII of this Agreement, HNRC may, under certain specific circumstances, reassume Reclamation and Environmental Responsibilities with respect to certain of the Overburden, Clay and Spent Ore situated or to be situated upon the SFPMC Leased Property. Except as expressly, set forth in this Agreement to the contrary, including without limitation in the Articles referenced in the preceding sentence, upon expiration, surrender or termination of the SFPMC Lease, SFPMC. shall reclaim all portions of the SFPMC Leased Property, including without limitation all Improvements thereon, together with all Alterations and Additions, in accordance with the terms and conditions of all Licenses and Applicable Law. SFPMC shall have the right to enter upon the SFPMC Leased Property subsequent to the SFPMC Lease Term for purposes of performing such reclamation work, provided that all such work shall be performed within a reasonable period of time. Notwithstanding the foregoing, at the request of HNRC and subject to the Parties obtaining any necessary Licenses or modification to then existing Licenses, SFPMC shall forego or delay the reclamation of any Improvements designated by HNRC and, unless the Parties agree otherwise, HNRC shall thereupon assume all reclamation obligations with respect to the designated Improvements. The Parties shall cooperate in all reasonable ways to obtain such Licenses or modifications to Licenses.
Reclamation. By the end of the term of this lease, LESSEE shall grade the leased premises so that the grade of the leased premises shall approximate the grade of the surrounding topography. Upon completion of the required grading, the surface shall be reseeded with a seed mixture approved by the COMMISSIONER. Should this obligation not be met by the end of the term of this lease, it shall nevertheless survive and continue beyond the term of this lease and shall be an obligation owed to the state. This obligation is owed by XXXXXX in addition to any other obligation imposed upon LESSEE by this lease, including, but not limited to, the requirements of Section 6 hereof and XXXXXX's plan of operations.
Reclamation. Subject to the authority of the Management Committee over reclamation plans, Western shall have sole authority to supervise, control and direct all Xxxxxx Coal activities related to reclamation of stripped lands and maintenance of the environment, including the establishment of policies, representation before courts or governmental regulatory agencies, and actual implementation of such policies, except insofar as Western may, in its discretion, delegate any such activities to Xxxxxx Coal or the Manager. Any expenses incurred by Western in such activities shall be reimbursed to it by Xxxxxx Coal and Western shall account for such expenses in like manner as the Manager under Section 12 hereof.
Reclamation. Subject to the direction of the Management Committee over reclamation, the Manager shall have sole authority to supervise, control and direct all Xxxxxx Coal activities related to reclamation of stripped lands and maintenance of the environment, including the establishment of policies, representation before courts or governmental and regulatory agencies, and actual implementation of such policies. Notwithstanding anything contained herein to the contrary, any and all expenses incurred by Manager in such activities shall be reimbursed to it by Xxxxxx Coal and Manager shall account for such expenses in the same manner as set forth in Section 12 hereinafter."
