ABOVE-GROUND MINING ACTIVITIES definition
ABOVE-GROUND MINING ACTIVITIES means, subject to the terms hereof, all above-ground activities undertaken in connection with and related to the Materials, including, without limitation, the processing of such Materials, and the exploration, test drilling, development, mining, excavation, extraction, removal, storage, stockpiling, processing, reprocessing, milling, refining, beneficiating, manufacturing using Materials for such purposes like asphalt and/or Portland cement concrete ready mix-batch plants, occupation of property, reclamation of property, disposal of mining waste and tailings, transportation, selling, leasing, providing support, all activities necessary to maintain and demonstrate compliance with the Above-Ground Mining Rights and applicable Laws, including submittal of reports and inspection of the Mining Properties, and ancillary activities, in each case, with respect to the Materials and Above-Ground Mining Rights; provided, that Above-Ground Mining Activities shall not include any activity that causes Project Interference as provided and in accordance with this Agreement. For the avoidance of doubt, Above-Ground Mining Activities shall not include any underground activities. For purposes of this defined term, any reference to excavation, extraction, drilling and words of similar import are intended to refer to such activities as they pertain to any above-ground Materials that are have been placed on land (including (x) in the case of fine tailings, being deposited into ponds or cells, (y) in the case of pellets, being laid down over a number of acres and (z) in the case of course tailings also placed south of the East Pit and north of the Eagle Mountain townsite, and those dumped or dropped into the East Pit), as distinct from any similar underground activities.