SEAMS OF COAL SUBJECT TO LEASE Sample Clauses

SEAMS OF COAL SUBJECT TO LEASE. Each of the Three Leases is hereby amended to provide that all rights granted Lessee to mine coal, bone, middlings, gas and any other products with respect to which Lessee has rights under each such lease or any of them ("gas" being defined in paragraph 2 below and all such products being hereinafter called "Leased Minerals"), including without limitation the right to mine by strip mining and auger mining methods, and all undertakings of Lessee so to do, shall be applicable to all seams of coal in the Leased Premises lying above and including the No. 3 vein or seam of coal, sometimes known and designated as the Pocahontas No. 3 vein or seam, as well as each seam or vein of coal beneath said No. 3 vein or seam which may be close enough to such No. 3 vein or seam so that the said vein or seam beneath such No. 3 vein or seam can or should, in accordance with approved and suitable methods of modern mining, be mined with such No. 3 vein or seam as a single "full seam" operation. The term "Leased Premises" wherever it appears herein shall be construed to mean, with respect to each of the Three Leases, the premises leased by each such lease. Lessee shall have no further rights in or obligations with respect to Leased Minerals in seams or veins other than those seams or veins set forth in this paragraph. Lessee's obligations shall extend only to "mineable and merchantable coal" as defined in paragraph 5 below, and shall be subject to the limitations set forth in the Three Leases. Lessor, as the owner of the Leased Premises, retains all rights not granted to Lessee in the Three Leases as hereby amended, including (i) the right to explore for and mine (directly or through other lessees or assignees) coal in veins or seams lying below the No. 3 vein or seam except as above described and (ii) following notice from Lessee to Lessor pursuant to paragraph 5 below of the exhaustion of coal under any of the Three Leases and the consequent release of Lessee from further obligations to mine coal thereunder, the right to explore for and mine such coal as may in fact remain. Subject to and in accordance with the provisions of paragraph 12 hereof, Lessor shall be entitled to request and obtain such rights with respect to the surface and other portions of the Leased Premises as it may need in order to explore for and mine and ship such coal, provided that such rights do not unreasonably interfere with Lessee's existing or contemplated mining operations or, after the exhaustion o...
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Related to SEAMS OF COAL SUBJECT TO LEASE

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  • Grant Subject to Plan Provisions This grant is made pursuant to the Plan, the terms of which are incorporated herein by reference, and in all respects shall be interpreted in accordance with the Plan. The grant and exercise of the Option are subject to interpretations, regulations and determinations concerning the Plan established from time to time by the Board in accordance with the provisions of the Plan, including, but not limited to, provisions pertaining to (a) rights and obligations with respect to withholding taxes, (b) the registration, qualification or listing of the Shares, (c) changes in capitalization of the Company and (d) other requirements of applicable law. The Board shall have the authority to interpret and construe the Option pursuant to the terms of the Plan, and its decisions shall be conclusive as to any questions arising hereunder.

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  • Options Subject to Plan This Agreement is subject to the Plan as approved by the Company’s shareholders. The terms and provisions of the Plan as it may be amended from time to time are hereby incorporated herein by reference. In the event of a conflict between any term or provision contained herein and a term or provision of the Plan, the applicable terms and provisions of the Plan will govern and prevail.

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