Common use of Dirt Moving Activities; Permits; Timber Clause in Contracts

Dirt Moving Activities; Permits; Timber. (a) The Tenant may remove, add and/or move substantial amounts of muck, dirt, dredge spoil, fill and other materials from the Project Site, to the Project Site, and from portions of the Project Site to other portions of the Project Site, and the Tenant may be required by Applicable Laws to mitigate wetlands on portions of the Project Site and may do so in its discretion. The Tenant shall have the right to remove soil and spoil from, and to add fill to, the Project Site and to dredge the slip and turning basin and dredge and widen the Calcasieu Ship Channel, and deposit the dredge spoils on the Project Site (as allowed by Applicable Law), in each case in connection with the excavation for, development, construction, installation, use, operation, maintenance, repair, expansion, optimization, alteration and/or removal of the Facility, and for the purpose of constructing, creating, expanding, operating and maintaining a marine terminal and ship turning basin. The Tenant shall, at its own expense, obtain any required permits and/or approvals from the United States Army Corps of Engineers (the “Corps”) and/or any other governmental agencies, and the Tenant shall comply with such permits and approvals. The Landlord will cooperate with and assist the Tenant in obtaining any necessary permits and Governmental Approvals from the Corps and any other Governmental Authority, at the Tenant’s discretion, for the Tenant’s use of the Project Site, including without limitation, for any Improvements, reclamation of lands, erosion control, attainment of spoil, easements/servitudes and/or rights of way; provided that all costs associated with such efforts shall be the responsibility of the Tenant. Except only as provided in Section 8.2(b), the Tenant shall have all surface, subsurface and riparian rights, and the right and privilege of grading and draining the Project Site, and all other rights on and to the Project Site. Any activities of the Landlord and/or its lessees or assignees or any other party shall not adversely affect the Project Site or the Facility or interfere with the Tenant’s operations or rights under this Ground Lease in any way. Nothing herein is intended to preclude the Landlord, from participating in pools or units created by consent or established by any regulatory body including the Louisiana Commissioner of Conservation. The Tenant may freely remove any timber which is standing or lying on the Project Site as the Tenant deems necessary for the Tenant’s intended use of the Project Site. Nothing herein is intended to grant, convey, or bestow to the Tenant any rights to or claims to any oil, gas, or mineral rights below the surface of the Project Site. (b) To the extent the Landlord holds any rights to oil, gas, or other minerals (“Minerals”) in the Project Site, Landlord waives any and all rights of the Landlord or its lessees or assignees to use the surface of the Project Site to explore for, drill for, access, extract, mine, exploit or otherwise make use of such Minerals, during the term of this Ground Lease, and the Landlord and/or its lessees or assigns shall only exercise any such rights to such Minerals via directional drilling or other means consistent with the terms and conditions of this Section 8.2(b) (“Surface Waiver”). If any third party holds any rights in such Minerals, the Landlord shall obtain a legal and binding written Surface Waiver from such third party, for the benefit of the Tenant and shall promptly provide a copy of such Surface Waiver to the Tenant. Any directional drilling or other subsurface Mineral activities of the Landlord and/or its lessees or assignees or any other party shall take place at a depth of not less than the greater of 2500 feet or such other depth as may be determined or set by the Federal Energy Regulatory Commission below the surface and shall not adversely affect the lateral or subjacent support of the Facility or interfere with the Tenant’s operations or rights under this Ground Lease in any way.

Dirt Moving Activities; Permits; Timber. (a) The Tenant may remove, add and/or move substantial amounts of muck, dirt, dredge spoil, fill and other materials from the Project Site, to the Project Site, and from portions of the Project Site to other portions of the Project Site, and the Tenant may be required by Applicable Laws to mitigate wetlands on portions of the Project Site and may do so in its discretion. The Tenant with Landlord’s permission, which shall have the right to remove soil and spoil from, and to add fill to, the Project Site and to dredge the slip and turning basin and dredge and widen the Calcasieu Ship Channel, and deposit the dredge spoils on the Project Site (as allowed by Applicable Law), in each case in connection with the excavation for, development, construction, installation, use, operation, maintenance, repair, expansion, optimization, alteration and/or removal of the Facility, and for the purpose of constructing, creating, expanding, operating and maintaining a marine terminal and ship turning basinnot be unreasonably withheld. The Tenant shall, at its own expense, obtain any required permits and/or approvals from the United States Army Corps of Engineers (the “Corps”) and/or any other governmental agencies, and the Tenant shall comply with such permits and approvals. The Landlord will cooperate with and assist the Tenant in obtaining any necessary permits and Governmental Approvals from the Corps and any other Governmental Authority, at the Tenant’s discretion, for the Tenant’s use of the Project Site, including without limitation, for any Improvements, reclamation of lands, erosion control, attainment of spoil, easements/servitudes and/or rights of way; provided provided, that all costs associated with such efforts shall be the responsibility of the Tenant. Except only as provided in Section 8.2(b), the Tenant shall have all surface, subsurface and riparian rights, and the right and privilege of grading and draining the Project Site, and all other rights as a tenant on and to the Project Site. Any activities of the Landlord and/or its lessees or assignees or any other party shall not adversely affect the Project Site or the Facility Facilities or interfere with the Tenant’s operations or rights under this Ground Lease in any material way. Nothing herein is intended to preclude the Landlord, from participating in pools or units created by consent or established by any regulatory body including the Louisiana Commissioner of ConservationConservation or from exercising its rights if an Event of Default by Tenant exists. The Tenant may freely remove any timber which is standing or lying on the Project Site as the Tenant deems reasonably necessary for the Tenant’s intended use of the Project SiteSite except as otherwise expressly provided. Nothing herein is intended to grant, convey, or bestow to the Tenant any rights to or claims to any oil, gas, or mineral rights below the surface of the Project Site. At the termination or expiration of the Lease, Tenant shall return any portions of the Site that were dredged or from which muck, dirt, dredge spoil, fill or other materials were removed to its original condition, subject to normal wear and tear, as required by Section 7.1. (b) To the extent the Landlord holds any rights to oil, gas, or other minerals (“Minerals”) in the Project Site, the Landlord waives any and all rights of the Landlord or its lessees or assignees to use the surface of the Project Site to explore for, drill for, access, extract, mine, exploit or otherwise make use of such Minerals, during the term of this Ground Lease, and the Landlord and/or its lessees or assigns shall only exercise any such rights to such Minerals via directional drilling or other means consistent with the terms and conditions of this Section 8.2(b8.3 (b) (“Surface Waiver”). If any third party holds any rights in such Minerals, the Landlord shall obtain a legal and binding written Surface Waiver from such third party, for the benefit of the Tenant and shall promptly provide a copy of such Surface Waiver to the Tenant. Any directional drilling or other subsurface Mineral activities of the Landlord and/or its lessees or assignees or any other party shall take place at a depth of not less than the greater of 2500 feet or such other depth as may be determined or set by the Federal Energy Regulatory Commission below the surface and shall not adversely affect the lateral or subjacent support of the Facility Facilities or interfere with the Tenant’s operations or rights under this Ground Lease in any way.

Dirt Moving Activities; Permits; Timber. (a) The Without limiting the Tenant’s restoration obligations set forth in Section 7.1, the Tenant may remove, add and/or move substantial amounts of muck, dirt, dredge spoil, fill and other materials from the Project Site, to the Project Site, and from portions of the Project Site to other portions of the Project Site, and the Tenant may be required by Applicable Laws to mitigate wetlands on portions of the Project Site and may do so in its discretion. The Tenant shall have the right to remove soil and spoil from, and to add fill to, the Project Site and to dredge the slip and turning basin and dredge and widen the Calcasieu Ship Channel, and deposit the dredge spoils on the Project Site (as allowed by Applicable Law), in each case in connection with the excavation for, development, construction, installation, use, operation, maintenance, repair, expansion, optimization, alteration and/or removal of the Facility, and for the purpose of constructing, creating, expanding, operating and maintaining a marine terminal and ship turning basin. The Tenant shall, at its own expense, obtain any required permits and/or approvals from the United States Army Corps of Engineers (the “Corps”) and/or any other governmental agencies, and the Tenant shall comply with such permits and approvals. The Landlord will cooperate with and assist the Tenant in obtaining any necessary permits and Governmental Approvals from the Corps and any other Governmental Authority, at the Tenant’s discretion, for the Tenant’s use of the Project Site, including without limitation, for any Improvements, reclamation of lands, erosion control, attainment of spoil, easements/servitudes and/or rights of way; provided provided, that all costs associated with such efforts shall be the responsibility of the Tenant. Except only as provided in Section 8.2(b), the Tenant shall have all surface, subsurface and riparian rights, and the right and privilege of grading and draining the Project Site, and all other rights on and to the Project Site. Any activities of the Landlord and/or its lessees or assignees or any other party shall not adversely affect the Project Site or the Facility Facilities or interfere with the Tenant’s operations or rights under this Ground Lease in any way. Nothing herein is intended to preclude the Landlord, from participating in pools or units created by consent or established by any regulatory body including the Louisiana Commissioner of Conservation. The Tenant may freely remove any timber which is standing or lying on the Project Site as the Tenant deems necessary for the Tenant’s intended use of the Project Site. Nothing herein is intended to grant, convey, or bestow to the Tenant any rights to or claims to any oil, gas, or mineral rights below the surface of the Project Site. (b) To the extent the Landlord holds any rights to oil, gas, or other minerals (“Minerals”) in the Project Site, the Landlord waives any and all rights of the Landlord or its lessees or assignees to use the surface of the Project Site to explore for, drill for, access, extract, mine, exploit or otherwise make use of such Minerals, during the term of this Ground LeaseTerm, and the Landlord and/or its lessees or assigns shall only exercise any such rights to such Minerals via directional drilling or other means consistent with the terms and conditions of this Section 8.2(b) (“Surface Waiver”). If any third party holds any rights in such Minerals, the Landlord shall obtain a legal and binding written Surface Waiver from such third party, for the benefit of the Tenant and shall promptly provide a copy of such Surface Waiver to the Tenant. Any directional drilling or other subsurface Mineral activities of the Landlord and/or its lessees or assignees or any other party shall take place at a depth of not less than the greater of 2500 feet or such other depth as may be determined or set by the Federal Energy Regulatory Commission below the surface and shall not adversely affect the lateral or subjacent support of the Facility Facilities or interfere with the Tenant’s operations or rights under this Ground Lease in any way. (c) To the extent of the Landlord’s rights with respect to all or any portion of the Submerged Area, the Landlord agrees not to exercise any such rights or otherwise make use of such Submerged Area without the Tenant’s prior written consent. Nothing in this Section 8.2(c) shall be construed to limit the Landlord’s right to use the Calcasieu Ship Channel waterway.

Dirt Moving Activities; Permits; Timber. (a) The Tenant may remove, add and/or move substantial amounts of muck, dirt, dredge spoil, fill and other materials from the Project Site, to the Project Site, and from portions of the Project Site to other portions of the Project Site, and the Tenant may be required by Applicable Laws to mitigate wetlands on portions of the Project Site and may do so in its discretion. The Tenant shall have the right to remove soil and spoil from, and to add fill to, the Project Site and to dredge the slip and turning basin and dredge and widen the Calcasieu Ship Channel, and deposit the dredge spoils on the Project Site (as allowed by Applicable LawLaws), in each case in connection with the excavation for, development, construction, installation, use, operation, maintenance, repair, expansion, optimization, alteration and/or removal of the Facility, and for the purpose of constructing, creating, expanding, operating and maintaining a marine terminal and ship turning basin. The Tenant shall, at its own expense, obtain any required permits and/or approvals from the United States Army Corps of Engineers (the “Corps”) and/or any other governmental agencies, and the Tenant shall comply with such permits and approvals. The Landlord will cooperate with and assist the Tenant in obtaining any necessary permits and Governmental Approvals from the Corps and any other Governmental Authority, at the Tenant’s discretion, for the Tenant’s use of the Project Site, including without limitation, for any Improvements, reclamation of lands, erosion control, attainment of spoil, easements/servitudes and/or rights of way; provided provided, that all costs associated with such efforts shall be the responsibility of the Tenant. Except only as provided in Section 8.2(b8.3(b), the Tenant shall have all surface, subsurface and riparian rights, and the right and privilege of grading and draining the Project Site, and all other rights on and to the Project Site. Any activities of the Landlord and/or its lessees or assignees or any other party shall not adversely affect the Project Site or the Facility or interfere with the Tenant’s operations or rights under this Ground Lease in any way. Nothing herein is intended to preclude the Landlord, Landlord from participating in pools or units created by consent or established by any regulatory body including the Louisiana Commissioner of Conservation. The Tenant may freely remove any timber which is standing or lying on the Project Site as the Tenant deems necessary for the Tenant’s intended use of the Project Site. Nothing herein is intended to grant, convey, or bestow to the Tenant any rights to or claims to any oil, gas, or mineral rights below the surface of the Project Site. (b) To the extent the Landlord holds any rights to oil, gas, or other minerals (“Minerals”) in the Project Site, the Landlord waives any and all rights of the Landlord or its lessees or assignees to use the surface of the Project Site to explore for, drill for, access, extract, mine, exploit or otherwise make use of such Minerals, during the term of this Ground Lease, and the Landlord and/or its lessees or assigns shall only exercise any such rights to such Minerals via directional drilling or other means consistent with the terms and conditions of this Section 8.2(b8.3(b) (“Surface Waiver”). If any third party holds any rights in such Minerals, the Landlord shall obtain a legal and binding written Surface Waiver from such third party, for the benefit of the Tenant and shall promptly provide a copy of such Surface Waiver to the Tenant. Any directional drilling or other subsurface Mineral activities of the Landlord and/or its lessees or assignees or any other party shall take place at a depth of not less than the greater of 2500 feet or such other depth as may be determined or set by the Federal Energy Regulatory Commission below the surface and shall not adversely affect the lateral or subjacent support of the Facility or interfere with the Tenant’s operations or rights under this Ground Lease in any way.

Dirt Moving Activities; Permits; Timber. (a) The Without prejudice to its obligations under Section 7.1, the Tenant may remove, add and/or move substantial amounts of muck, dirt, dredge spoil, fill and other materials from the Project Site, to the Project Site, and from portions of the Project Site to other portions of the Project Site, and the Tenant may be required by Applicable Laws to mitigate wetlands on portions of the Project Site and may do so in its discretion. The Tenant shall have the right to remove soil and spoil from, and to add fill to, the Project Site and to dredge the slip and turning basin and dredge and widen the Calcasieu Ship Channel, and deposit the dredge spoils on the Project Site (as allowed by Applicable Law), in each case in connection with the excavation for, development, construction, installation, use, operation, maintenance, repair, expansion, optimization, alteration and/or removal of the FacilityFacilities, and for the purpose of constructing, creating, expanding, operating and maintaining a marine terminal and ship turning basin. The Tenant shall, at its own expense, obtain any required permits and/or approvals from the United States Army Corps of Engineers (the “Corps”) and/or any other governmental agencies, and the Tenant shall comply with such permits and approvals. The Landlord will cooperate with and assist the Tenant in obtaining any necessary permits and Governmental Approvals from the Corps and any other Governmental Authority, at the Tenant’s discretion, for the Tenant’s use of the Project Site, including without limitation, for any Improvements, reclamation of lands, erosion control, attainment of spoil, easements/servitudes and/or rights of way; provided that all costs associated with such efforts shall be the responsibility of the Tenant. Except only as provided in Section 8.2(b8.3(b), the Tenant shall have all surface, subsurface and riparian rights, and the right and privilege of grading and draining the Project Site, and all other rights on and to the Project Site. Any activities of the Landlord and/or its lessees or assignees or any other party shall not adversely affect the Project Site or the Facility Facilities or interfere with the Tenant’s operations or rights under this Ground Lease in any way. Nothing herein is intended to preclude the Landlord, from participating in pools or units created by consent or established by any regulatory body including the Louisiana Commissioner of Conservation. The Tenant may freely remove any timber which is standing or lying on the Project Site as the Tenant deems necessary for the Tenant’s intended use of the Project Site. Nothing herein is intended to grant, convey, or bestow to the Tenant any rights to or claims to any oil, gas, or mineral rights rights, which includes carbon capture and sequestration, below the surface of the Project Site, including any injection well of any kind or nature below the surface of the Site. (b) To the extent the Landlord holds any rights to oil, gas, or other minerals minerals, which includes carbon capture and sequestration (“Minerals”) in the Project Site, Landlord waives any and all rights of the Landlord or its lessees or assignees to use the surface of the Project Site to explore for, drill for, access, extract, mine, exploit or otherwise make use of such Minerals, during the term of this Ground Lease, and the Landlord and/or its lessees or assigns shall only exercise any such rights to such Minerals via directional drilling or other means consistent with the terms and conditions of this Section 8.2(b8.3(b) (“Surface Waiver”). If any third party holds any rights in such Minerals, the Landlord shall obtain a legal and binding written Surface Waiver from such third party, for the benefit of the Tenant and shall promptly provide a copy of such Surface Waiver to the Tenant. Any directional drilling or other subsurface Mineral activities of the Landlord and/or its lessees or assignees or any other party shall take place at a depth of not less than the greater of 2500 feet or such other depth as may be determined or set by the Federal Energy Regulatory Commission below the surface and shall not adversely affect the lateral or subjacent support of the Facility Facilities or interfere with the Tenant’s operations or rights under this Ground Lease in any way.

Dirt Moving Activities; Permits; Timber. (a) The Tenant may remove, add and/or move substantial amounts of muck, dirt, dredge spoil, fill and other materials from the Project Site, to the Project Site, and from portions of the Project Site to other portions of the Project Site, and the Tenant may be required by Applicable Laws to mitigate wetlands on portions of the Project Site and may do so in its discretion. The Tenant shall have the right to remove soil and spoil from, and to add fill to, the Project Site and to dredge the slip and turning basin and dredge and widen the Calcasieu Ship Channel, and deposit the dredge spoils on the Project Site (as allowed by Applicable LawLaws), in each case in connection with the excavation for, development, construction, installation, use, operation, maintenance, repair, expansion, optimization, alteration and/or removal of the Facility, and for the purpose of constructing, creating, expanding, operating and maintaining a marine terminal and ship turning basin. The Tenant shall, at its own expense, obtain any required permits and/or approvals from the United States Army Corps of Engineers (the “Corps”) and/or any other governmental agencies, and the Tenant shall comply with such permits and approvals. The Landlord will cooperate with and assist the Tenant in obtaining any necessary permits and Governmental Approvals from the Corps and any other Governmental Authority, at the Tenant’s discretion, for the Tenant’s use of the Project Site, including without limitation, for any Improvements, reclamation of lands, erosion control, attainment of spoil, easements/servitudes and/or rights of way; provided that all costs associated with such efforts shall be the responsibility of the Tenant. Except only as provided in Section 8.2(b8.3(b), the Tenant shall have all surface, subsurface and riparian rights, and the right and privilege of grading and draining the Project Site, and all other rights on and to the Project Site. Any activities of the Landlord and/or its lessees or assignees or any other party shall not adversely affect the Project Site or the Facility or interfere with the Tenant’s operations or rights under this Ground Lease in any way. Nothing herein is intended to preclude the Landlord, Landlord from participating in pools or units created by consent or established by any regulatory body including the Louisiana Commissioner of Conservation. The Tenant may freely remove any timber which is standing or lying on the Project Site as the Tenant deems necessary for the Tenant’s intended use of the Project Site. Nothing herein is intended to grant, convey, or bestow to the Tenant any rights to or claims to any oil, gas, or mineral rights below the surface of the Project Site. (b) To the extent the Landlord holds any rights to oil, gas, or other minerals (“Minerals”) in the Project Site, the Landlord waives any and all rights of the Landlord or its lessees or assignees to use the surface of the Project Site to explore for, drill for, access, extract, mine, exploit or otherwise make use of such Minerals, during the term of this Ground Lease, and the Landlord and/or its lessees or assigns shall only exercise any such rights to such Minerals via directional drilling or other means consistent with the terms and conditions of this Section 8.2(b8.3(b) (“Surface Waiver”). If any third party holds any rights in such Minerals, the Landlord shall obtain a legal and binding written Surface Waiver from such third party, for the benefit of the Tenant and shall promptly provide a copy of such Surface Waiver to the Tenant. Any directional drilling or other subsurface Mineral activities of the Landlord and/or its lessees or assignees or any other party shall take place at a depth of not less than the greater of 2500 feet or such other depth as may be determined or set by the Federal Energy Regulatory Commission below the surface and shall not adversely affect the lateral or subjacent support of the Facility or interfere with the Tenant’s operations or rights under this Ground Lease in any way.

Dirt Moving Activities; Permits; Timber. (a) The Tenant may remove, add and/or move substantial amounts of muck, dirt, dredge spoil, fill and other materials from the Project Site, to the Project Site, and from portions of the Project Site to other portions of the Project Site, and the Tenant may be required by Applicable Laws to mitigate wetlands on portions of the Project Site and may do so in its discretion. The Tenant shall have the right to remove soil and spoil from, and to add fill to, the Project Site and to dredge the slip and turning basin and dredge and widen the Calcasieu Ship Channel, and deposit the dredge spoils on the Project Site (as allowed by Applicable Law), in each case in connection with the excavation for, development, construction, installation, use, operation, maintenance, repair, expansion, optimization, alteration and/or removal of the Facility, and for the purpose of constructing, creating, expanding, operating and maintaining a marine terminal and ship turning basin. The Tenant shall, at its own expense, obtain any required permits and/or approvals from the United States Army Corps of Engineers (the “Corps”) and/or any other governmental agencies, and the Tenant shall comply with such permits and approvals. The Landlord will cooperate with and assist the Tenant in obtaining any necessary permits and Governmental Approvals from the Corps and any other Governmental Authority, at the Tenant’s discretion, for the Tenant’s use of the Project Site, including without limitation, for any Improvements, reclamation of lands, erosion control, attainment of spoil, easements/servitudes and/or rights of way; provided provided, that all costs associated with such efforts shall be the responsibility of the Tenant; provided, such activities are at Tenant’s cost and expense. Except only as provided in Section 8.2(b), . the Tenant shall have all surface, subsurface and riparian rights, and the right and privilege of grading and draining the Project Site, and all other rights on and to the Project Site. Any activities of the Landlord and/or its lessees or assignees or any other party shall not adversely affect the Project Site or the Facility Facilities or interfere with the Tenant’s operations or rights under this Ground Lease in any way. Nothing herein is intended to preclude the Landlord, from participating in pools or units created by consent or established by any regulatory body including the Louisiana Commissioner of Conservation. The Tenant may freely remove any timber which is standing or lying on the Project Site as the Tenant deems necessary for the Tenant’s intended use of the Project Site. Nothing herein is intended to grant, convey, or bestow to the Tenant any rights to or claims to any oil, gas, or mineral rights below the surface of the Project Site. (b) To the extent the Landlord holds any rights to oil, gas, or other minerals (“Minerals”) in the Project Site, the Landlord waives any and all rights of the Landlord or its lessees or assignees to use the surface of the Project Site to explore for, drill for, access, extract, mine, exploit or otherwise make use of such Minerals, during the term of this Ground Lease, and the Landlord and/or its lessees or assigns shall only exercise any such rights to such Minerals via directional drilling or other means consistent with the terms and conditions of this Section 8.2(b8.3 (b) (“Surface Waiver”). If any third party holds any rights in such Minerals, the Landlord shall obtain a legal and binding written Surface Waiver from such third party, for the benefit of the Tenant and shall promptly provide a copy of such Surface Waiver to the Tenant. Any directional drilling or other subsurface Mineral activities of the Landlord and/or its lessees or assignees or any other party shall take place at a depth of not less than the greater of 2500 feet or such other depth as may be determined or set by the Federal Energy Regulatory Commission below the surface and shall not adversely affect the lateral or subjacent support of the Facility Facilities or interfere with the Tenant’s operations or rights under this Ground Lease in any way.

Dirt Moving Activities; Permits; Timber. (a) The Tenant may remove, add and/or move substantial amounts of muck, dirt, dredge spoil, fill and other materials from the Project Site, to the Project Site, and from portions of the Project Site to other portions of the Project Site, and the Tenant may be required by Applicable Laws to mitigate wetlands on portions of the Project Site and may do so in its discretion. The Tenant shall have the right to remove soil and spoil from, and to add fill to, the Project Site and to dredge the slip and turning basin and dredge and widen the Calcasieu Ship Channel, and deposit the dredge spoils on the Project Site (as allowed by Applicable Law), in each case in connection with the excavation for, development, construction, installation, use, operation, maintenance, repair, expansion, optimization, alteration and/or removal of the Facility, and for the purpose of constructing, creating, expanding, operating and maintaining a marine terminal or otherwise in connection with the development, construction, installation, use and ship turning basininitial operation and maintenance of the Facility. The Tenant shall, at its own expense, obtain any required permits and/or approvals from the United States Army Corps of Engineers (the “Corps”) and/or any other governmental agencies, and the Tenant shall comply with such permits and approvals. The Landlord will cooperate with and assist the Tenant in obtaining any necessary permits and Governmental Approvals from the Corps and any other Governmental Authority, at the Tenant’s discretion, for the Tenant’s use of the Project Site, including without limitation, for any Improvements, reclamation of lands, erosion control, attainment of spoil, easements/servitudes and/or rights of way; provided that all costs associated with such efforts shall be the responsibility of the Tenant. Except only as provided in Section 8.2(b), the Tenant shall have all surface, subsurface and riparian rights, and the right and privilege of grading and draining the Project Site, and all other rights on and to the Project Site. Any activities of the Landlord and/or its lessees or assignees or any other party shall not adversely affect the Project Site or the Facility or interfere with the Tenant’s operations or rights under this Ground Lease in any way. Nothing herein is intended to preclude the Landlord, from participating in pools or units created by consent or established by any regulatory body including the Louisiana Commissioner of Conservation. The Tenant may freely remove any timber which that is standing or lying on the Project Site as the Tenant deems necessary for the Tenant’s intended use of the Project Site. Nothing herein is intended to grant, convey, or bestow to the Tenant any rights to or claims to any oil, gas, or mineral rights below the surface of the Project Site. (b) To the extent the Landlord holds any rights to oil, gas, sulfur or other minerals (“Minerals”) in the Project Site, the Landlord shall retain such rights during the Term and hereby waives any and all rights of the Landlord or Landlord, its Affiliates and their respective lessees or assignees to use the surface of the Project Site to explore for, drill for, access, extract, mine, exploit or otherwise make use of such Minerals, during the term of this Ground LeaseTerm, and the Landlord and/or its lessees or assigns shall only exercise any such rights to such Minerals via directional drilling or other means consistent with the terms and conditions of this Section 8.2(b) (“Surface Waiver”). If any third party holds any rights in such Minerals, the Landlord shall obtain a legal and binding written Surface Waiver from such third party, for the benefit of the Tenant and shall promptly provide a copy of such Surface Waiver to the Tenant. Any directional drilling or other subsurface Mineral activities of the Landlord and/or its lessees or assignees or any other party shall take place at a depth of not less than the greater of 2500 feet or such other depth as may be determined or set by the Federal Energy Regulatory Commission below the surface and shall not adversely affect the lateral or subjacent support of the Facility Site and the Improvements or interfere with the Tenant’s operations or rights under this Ground Lease in any way.

Dirt Moving Activities; Permits; Timber. (a) The Tenant may remove, add and/or move substantial amounts of muck, dirt, dredge spoil, fill and other materials from the Project Site, to the Project Site, and from portions of the Project Site to other portions of the Project Site, and the Tenant may be required by Applicable Laws to mitigate wetlands on portions of the Project Site and may do so in its discretion. The Tenant shall have the right to remove soil and spoil from, and to add fill to, the Project Site and to dredge the slip and turning basin and dredge and widen the Calcasieu Ship ChannelMississippi River, and deposit the dredge spoils on the Project Site (as allowed by Applicable LawLaws), in each case in connection with the excavation for, development, construction, installation, use, operation, maintenance, repair, expansion, optimization, alteration and/or removal of the Facility, and for the purpose of constructing, creating, expanding, operating and maintaining a marine terminal and ship turning basin. The Tenant shall, at its own expense, obtain any required permits and/or approvals from the United States Army Corps of Engineers (the “Corps”) and/or any other governmental agencies, and the Tenant shall comply with such permits and approvals. The Landlord will cooperate with and assist the Tenant in obtaining any necessary permits and Governmental Approvals from the Corps and any other Governmental Authority, at the Tenant’s discretion, for the Tenant’s use of the Project Site, including without limitationfor the Facility, for any Improvements, reclamation of lands, erosion control, attainment of spoil, easements/servitudes and/or rights of way; provided that all costs associated with such efforts shall be the responsibility of the Tenant. Except only as provided in Section 8.2(b8.3(b), the Tenant shall have all surface, subsurface and riparian rights, and the right and privilege of grading and draining the Project Site, and all other rights on and to the Project Site. Any activities of the Landlord and/or its lessees or assignees or any other party shall not adversely affect the Project Site or the Facility or interfere with the Tenant’s operations or rights under this Ground Lease in any way. Nothing herein is intended to preclude the Landlord, from participating in pools or units created by consent or established by any regulatory body including the Louisiana Commissioner of Conservation. The Tenant may freely remove any timber which that is standing or lying on the Project Site as the Tenant deems necessary for the Tenant’s intended use of the Project Site. Nothing herein is intended to grant, convey, or bestow to the Tenant any rights to or claims to any oil, gas, or mineral rights below the surface of the Project Site. (b) To the extent the Landlord holds any rights to oil, gas, sulfur or other minerals (“Minerals”) in the Project Site, the Landlord shall retain such rights during the Term and hereby waives any and all rights of the Landlord or Landlord, its Affiliates and their respective lessees or assignees to use the surface of the Project Site to explore for, drill for, access, extract, mine, exploit or otherwise make use of such Minerals, during the term of this Ground LeaseTerm, and the Landlord and/or its lessees or assigns shall only exercise any such rights to such Minerals via directional drilling or other means consistent with the terms and conditions of this Section 8.2(b8.3(b) (“Surface Waiver”). If any third party holds any rights in such Minerals, the Landlord shall obtain a legal and binding written Surface Waiver from such third party, for the benefit of the Tenant and shall promptly provide a copy of such Surface Waiver to the Tenant. Any directional drilling or other subsurface Mineral activities of the Landlord and/or its lessees or assignees or any other party shall take place at a depth of not less than the greater of 2500 feet or such other depth as may be determined or set by the Federal Energy Regulatory Commission below the surface and shall not adversely affect the lateral or subjacent support of the Facility Facilities or interfere with the Tenant’s operations or rights under this Ground Lease in any way.

Dirt Moving Activities; Permits; Timber. (a) The Tenant may remove, add and/or move substantial amounts of muck, dirt, dredge spoil, fill and other materials from the Project Site, to the Project Site, and from portions of the Project Site to other portions of the Project Site, and the Tenant may be required by Applicable Laws to mitigate wetlands on portions of the Project Site and may do so in its discretion. The Tenant shall have the right to remove soil and spoil from, and to add fill to, the Project Site and to dredge the slip and turning basin and dredge and widen the Calcasieu Ship Channel, and deposit the dredge spoils on the Project Site (as allowed by Applicable Law), in each case in connection with the excavation for, development, construction, installation, use, operation, maintenance, repair, expansion, optimization, alteration and/or removal of the Facility, and for the purpose of constructing, creating, expanding, operating and maintaining a marine terminal and ship turning basin. The Tenant shall, at its own expense, obtain any required permits and/or approvals from the United States Army Corps of Engineers (the “Corps”) and/or any other governmental agencies, and the Tenant shall comply with such permits and approvals. The Landlord will cooperate with and assist the Tenant in obtaining any necessary permits and Governmental Approvals from the Corps and any other Governmental Authority, at the Tenant’s discretion, for the Tenant’s use of the Project Site, including without limitation, for any Improvements, reclamation of lands, erosion control, attainment of spoil, easements/servitudes and/or rights of way; provided provided, that all costs associated with such efforts shall be the responsibility of the Tenant. Except only as provided in Section 8.2(b), the Tenant shall have all surface, subsurface and riparian rights, and the right and privilege of grading and draining the Project Site, and all other rights on and to the Project Site. Any activities of the Landlord and/or its lessees or assignees or any other party shall not adversely affect the Project Site or the Facility Facilities or interfere with the Tenant’s operations or rights under this Ground Lease in any way. Nothing herein is intended to preclude the Landlord, from participating in pools or units created by consent or established by any regulatory body including the Louisiana Commissioner of Conservation. The Tenant may freely remove any timber which is standing or lying on the Project Site as the Tenant deems necessary for the Tenant’s intended use of the Project Site. Nothing herein is intended to grant, convey, or bestow to the Tenant any rights to or claims to any oil, gas, or mineral rights below the surface of the Project Site. (b) To the extent the Landlord holds any rights to oil, gas, or other minerals (“Minerals”) in the Project Site, the Landlord waives any and all rights of the Landlord or its lessees or assignees to use the surface of the Project Site to explore for, drill for, access, extract, mine, exploit or otherwise make use of such Minerals, during the term of this Ground LeaseTerm, and the Landlord and/or its lessees or assigns shall only exercise any such rights to such Minerals via directional drilling or other means consistent with the terms and conditions of this Section 8.2(b8.3 (b) (“Surface Waiver”). If any third party holds any rights in such Minerals, the Landlord shall obtain a legal and binding written Surface Waiver from such third party, for the benefit of the Tenant and shall promptly provide a copy of such Surface Waiver to the Tenant. Any directional drilling or other subsurface Mineral activities of the Landlord and/or its lessees or assignees or any other party shall take place at a depth of not less than the greater of 2500 feet or such other depth as may be determined or set by the Federal Energy Regulatory Commission below the surface and shall not adversely affect the lateral or subjacent support of the Facility Facilities or interfere with the Tenant’s operations or rights under this Ground Lease in any way.

Dirt Moving Activities; Permits; Timber. (a) The Tenant may remove, add and/or move substantial amounts of muck, dirt, dredge spoil, fill and other materials from the Project Site, to the Project Site, and from portions of the Project Site to other portions of the Project Site, and the Tenant may be required by Applicable Laws to mitigate wetlands on portions of the Project Site and may do so in its discretion. The Tenant shall have the right to remove soil and spoil from, and to add fill to, the Project Site and to dredge the slip and turning basin and dredge and widen the Calcasieu Ship Channel, and deposit the dredge spoils on the Project Site (as allowed by Applicable Law), in each case in connection with the excavation for, development, construction, installation, use, operation, maintenance, repair, expansion, optimization, alteration and/or removal of the Facility, and for the purpose of constructing, creating, expanding, operating and maintaining a marine terminal and ship turning basin. The Tenant shall, at its own expense, obtain any required permits and/or approvals from the United States Army Corps of Engineers (the “Corps”) and/or any other governmental agencies, and the Tenant shall comply with such permits and approvals. The Landlord will cooperate with and assist the Tenant in obtaining any necessary permits and Governmental Approvals from the Corps and any other Governmental Authority, at the Tenant’s discretion, for the Tenant’s use of the Project Site, including without limitation, for any Improvements, reclamation of lands, erosion control, attainment of spoil, easements/servitudes and/or rights of way; provided provided, that all costs associated with such efforts shall be the responsibility of the Tenant. Except only as provided in Section 8.2(b), . the Tenant shall have all surface, subsurface and riparian rights, and the right and privilege of grading and draining the Project Site, and all other rights on and to the Project Site. Any activities of the Landlord and/or its lessees or assignees or any other party shall not adversely affect the Project Site or the Facility Facilities or interfere with the Tenant’s operations or rights under this Ground Lease in any way. Nothing herein is intended to preclude the Landlord, from participating in pools or units created by consent or established by any regulatory body including the Louisiana Commissioner of Conservation. The Tenant may freely remove any timber which is standing or lying on the Project Site as the Tenant deems necessary for the Tenant’s intended use of the Project Site. Nothing herein is intended to grant, convey, or bestow to the Tenant any rights to or claims to any oil, gas, or mineral rights below the surface of the Project Site. (b) To the extent the Landlord holds any rights to oil, gas, or other minerals (“Minerals”) in the Project Site, the Landlord waives any and all rights of the Landlord or its lessees or assignees to use the surface of the Project Site to explore for, drill for, access, extract, mine, exploit or otherwise make use of such Minerals, during the term of this Ground Lease, and the Landlord and/or its lessees or assigns shall only exercise any such rights to such Minerals via directional drilling or other means consistent with the terms and conditions of this Section 8.2(b) (“Surface Waiver”). If any third party holds any rights in such Minerals, the Landlord shall obtain a legal and binding written Surface Waiver from such third party, for the benefit of the Tenant and shall promptly provide a copy of such Surface Waiver to the Tenant. Any directional drilling or other subsurface Mineral activities of the Landlord and/or its lessees or assignees or any other party shall take place at a depth of not less than the greater of 2500 feet or such other depth as may be determined or set by the Federal Energy Regulatory Commission below the surface and shall not adversely affect the lateral or subjacent support of the Facility Facilities or interfere with the Tenant’s ’ s operations or rights under this Ground Lease in any way.