Common use of Subsidence Clause in Contracts

Subsidence. Coal Party shall not be liable to Gas Party for any damages, costs, fees, expenses, royalties, or other amounts resulting from damage to Gas Party’s operations where such damage is caused by mine subsidence in a Mine; except that Coal Party shall be liable to Gas Party for all damages, costs, fees, expenses, royalties, or other amounts resulting from mine subsidence damage to: (a) Any Protected Well, including compensation to Gas Party as determined pursuant to the provisions of Section 3.3(a), provided, however, that, if the Protected Well is at or past its Protected Well Life Date, then Coal Party and Gas Party shall each be responsible for 50% of such damages, costs, fees, expenses, royalties or other amounts; (b) Any surface easements (including Surface Easements), Non-Well Facilities or Systems located outside of a Coal Area of a Mine Area at the time of initial construction, unless (i) at the time of initial construction such Non-Well Facility or System was located in an area of the Mine that was previously mined, in which event Coal Party shall not be liable, or (ii) such surface easement, Non-Well Facility or System is a pipeline that is not a Transmission Pipeline; (c) Any surface easements (including Surface Easements), Non-Well Facilities or Systems for which Gas Party has paid for relocation as set forth in Section 3.3(d); (d) Any Well or any Non-Well Facilities or Systems that are subject to Section 3.4, unless such Non-Well Facility or System is a pipeline that is not a Transmission Pipeline; and (e) Any Non-Well Facility or System that is a pipeline, but is not a Transmission Pipeline, provided, however, Coal Party and Gas Party shall each be responsible for 50% of such damages, costs, fees, expenses, royalties or other amounts with respect to such pipelines; Provided, further, that, in each case (X) Coal Party shall not be entitled to the benefit of this Section 6.5, unless Coal Party has requested plugging and abandonment of the pertinent Well or relocation of the pertinent Non-Well Facility pursuant to Section 3.3, as applicable, and (Y) for the avoidance of doubt, that in the event of a conflict between the terms of any Existing Permits/Agreements and the terms of this Section 6.5, the terms of this Section 6.5 shall govern and control as between Coal Party, on the one hand, and Gas Party, on the other hand.

Subsidence. Coal Party shall not be liable to Gas Party for any damages, costs, fees, expenses, royalties, or other amounts resulting from damage to Gas Party’s operations where such damage is caused by mine subsidence in a Mine; except that Coal Party shall be liable to Gas Party for all damages, costs, fees, expenses, royalties, or other amounts resulting from mine subsidence damage to: to (a) Any any Protected Well, including compensation to Gas Party as determined pursuant to the provisions of Section 3.3(a), provided, however, that, if the Protected Well is at or past its Protected Well Life Date, then Coal Party and Gas Party shall each be responsible for 50% of such damages, costs, fees, expenses, royalties or other amounts; ; (b) Any any surface easements (including Surface Easements), Non-Well Facilities or Systems located outside of a Coal Area of a Mine Area at the time of initial construction, unless (i) at the time of initial construction such Non-Well Facility or System was located in an area of the Mine that was previously mined, in which event Coal Party shall not be liable, or (ii) such surface easement, Non-Well Facility or System is a pipeline that is not a Transmission Pipeline; ; (c) Any any surface easements (including Surface Easements), Non-Well Facilities or Systems for which Gas Party has paid for relocation as set forth in Section 3.3(d); ; and (d) Any any Well or any Non-Well Facilities or Systems that are subject to Section 3.4, unless such Non-Well Facility or System is a pipeline that is not a Transmission Pipeline; and (e) Any Non-Well Facility or System that is a pipeline, but is not a Transmission Pipeline, provided, however, Coal Party and Gas Party shall each be responsible for 50% of such damages, costs, fees, expenses, royalties or other amounts with respect to such pipelines; Provided, further, that, in each case (Xi) Coal Party shall not be entitled to the benefit of this Section 6.5, unless Coal Party has requested plugging and abandonment of the pertinent Well or relocation of the pertinent Non-Well Facility pursuant to Section 3.3, as applicable, and (Yii) for the avoidance of doubt, that in the event of a conflict between the terms of any Existing Permits/Agreements and the terms of this Section 6.5, the terms of this Section 6.5 shall govern and control as between Coal Party, on the one hand, and Gas Party, on the other hand.