Common use of Surface Use Rights Clause in Contracts

Surface Use Rights. Each Party shall have the right, on a non-exclusive basis and, except as provided below, free of charge, to use and access any other Party’s surface rights to the extent reasonably necessary for such Parties’ operations (“Surface Use Rights”) within the Pennsylvania Mine Area or outside the Pennsylvania Mine Area, including, with respect to Gas Party, the right to transport Third Party Gas or the right to support operations of Gas Party, its partners, joint venturers, co-working interest owners, or any of its joint ventures. The Parties shall comply with reasonable requirements with respect to operations or activities that utilize Surface Use Rights. Notwithstanding anything herein to the contrary, any Party may sell any Surface Use Rights held by such Party; provided, however, such Party shall provide the other Parties with written notice of such intention on or before forty-five (45) days prior to the date such sale is to be consummated (a “Surface Sale Notice”). Each Surface Sale Notice shall include a description of those portions of the Surface Use Rights that will be sold pursuant to such proposed sale. Within thirty (30) days of its receipt of a Surface Sale Notice, each Party shall have the right to deliver a Surface Easement Request to the Representative of the Party proposing such sale with respect to the Surface Use Right that is subject to such Surface Sale Notice. Following its receipt of a Surface Easement Request pursuant to this Section 5.1, the Party proposing such sale shall use its reasonable discretion (exercised in good faith) to determine (prior to the date such Surface Use Right is to be sold) if such Surface Easement Request (i) is sufficiently specific in nature and (ii) would not materially impair the value of the Surface Use Right which is subject to such proposed sale. Should such Party be satisfied that both clause (i) and clause (ii) of this Section 5.1 are satisfied by such requested easement, and subject to (A) any restrictions under an applicable Existing Permit/Agreement and (B) the other terms of this Agreement, then such Party shall prepare and deliver such easement to the requesting Party prior to the date such Surface Use Right is sold.