Common use of Incidental Rights Clause in Contracts

Incidental Rights. Without limiting the foregoing, and for the avoidance of doubt, AP also shall have the sole and exclusive right to control, conduct, or perform all activities on the Property as may be necessary or incidental to the Permitted Purposes, including, but not limited to: (a) installing (including Drilling), maintaining, replacing, removing, monitoring, inspecting, testing, and/or operating the Improvements and Equipment necessary or incidental to constructing, maintaining, operating, monitoring or testing the Facilities or Storage Reservoirs; (b) performing mechanical integrity tests or other tests as may be desirable to determine Storage Reservoirs’ capacity, limits, safety and/or integrity, or to comply with Applicable Law(s); (c) Injecting Carbon Dioxide Stream(s) for pressure maintenance in operations, mechanical integrity activities, or other lawful purposes; (d) transporting of Carbon Dioxide Stream(s); (e) performing any corrective action required pursuant to Applicable Law(s), Applicable Procedure(s) and Sequestration Protocols; (f) dredging in connection with constructing, maintaining, operating or monitoring the Facilities; (g) constructing, operating, and maintaining utility lines, fuel lines and pipelines and facilities related thereto to construct, operate maintain, or monitor the Facilities; (h) constructing, operating, and maintaining pipelines for the transport of Carbon Dioxide Stream(s); (i) storing and using such quantities of fuel oil and other materials or substances as may be reasonable in connection with the Facilities; (j) accessing the entire Property as necessary to conduct any activities contemplated by this Agreement; and (k) viewing and performing testing, such as geological and geophysical surveys, seismic tests, and other testing and data relating to the Property and Storage Reservoirs to determine the capacity and suitability of the Storage Reservoirs and the Property for the Permitted Purposes. AP agrees it shall comply with the standard seismic regulations and requirements administered by DWF, for any geophysical or geological surveys and operations conducted within a wildlife-management area or wildlife refuge. These rights do not include the right to withdraw water from State owned water bottoms on the Property, except as may be necessary to support the activities of AP contemplated by this Agreement, and only to the extent allowed by, and in conformity with, Applicable Law(s) and Applicable Procedure(s).

Incidental Rights. Without limiting the foregoing, and for the avoidance of doubt, AP Xxxxx also shall have the sole and exclusive right to control, conduct, or perform all activities on the Property as may be necessary or incidental to the Permitted Purposes, including, but not limited to: : (a) installing (including Drilling), maintaining, replacing, removing, monitoring, inspecting, testing, and/or operating the Improvements and Equipment necessary or incidental to constructing, maintaining, operating, monitoring or testing the Facilities or Storage Reservoirs; (b) performing mechanical integrity tests or other tests as may be desirable to determine Storage Reservoirs’ capacity, limits, safety and/or integrity, or to comply with Applicable Law(s); (c) Injecting Carbon Dioxide Stream(s) for pressure maintenance in operations, mechanical integrity activities, or other lawful purposes; (d) transporting of Carbon Dioxide Stream(s); (e) performing any corrective action required pursuant to Applicable Law(s), Applicable Procedure(s) and Sequestration Protocols; (f) dredging in connection with constructing, maintaining, operating or monitoring the Facilities; (g) constructing, operating, and maintaining utility lines, fuel lines and pipelines and facilities related thereto to construct, operate maintain, or monitor the Facilities; (h) constructing, operating, and maintaining pipelines for the transport of Carbon Dioxide Stream(s); (i) storing and using such quantities of fuel oil and other materials or substances as may be reasonable in connection with the Facilities; (j) accessing the entire Property as necessary to conduct any activities contemplated by this Agreement; and (k) viewing and performing testing, such as geological and geophysical surveys, seismic tests, and other testing and data relating to the Property and Storage Reservoirs to determine the capacity and suitability of the Storage Reservoirs and the Property for the Permitted Purposes. AP Capio agrees it shall comply with the standard seismic regulations and requirements administered by DWF, for any geophysical or geological surveys and operations conducted within a wildlife-management area or wildlife refuge. These rights do not include the right to withdraw water from State owned water bottoms on the Property, except as may be necessary to support the activities of AP Capio contemplated by this Agreement, and only to the extent allowed by, and in conformity with, Applicable Law(s) and Applicable Procedure(s).

Incidental Rights. Without limiting the foregoing, and for the avoidance of doubt, AP Capio also shall have the sole and exclusive right to control, conduct, or perform all activities on the Property as may be necessary or incidental to the Permitted Purposes, including, but not limited to: : (a) installing (including Drilling), maintaining, replacing, removing, monitoring, inspecting, testing, and/or operating the Improvements and Equipment necessary or incidental to constructing, maintaining, operating, monitoring or testing the Facilities or Storage Reservoirs; (b) performing mechanical integrity tests or other tests as may be desirable to determine Storage Reservoirs’ capacity, limits, safety and/or integrity, or to comply with Applicable Law(s); (c) Injecting Carbon Dioxide Stream(s) for pressure maintenance in operations, mechanical integrity activities, or other lawful purposes; (d) transporting of Carbon Dioxide Stream(s); (e) performing any corrective action required pursuant to Applicable Law(s), Applicable Procedure(s) and Sequestration Protocols; (f) dredging in connection with constructing, maintaining, operating or monitoring the Facilities; (g) constructing, operating, and maintaining utility lines, fuel lines and pipelines and facilities related thereto to construct, operate maintain, or monitor the Facilities; (h) constructing, operating, and maintaining pipelines for the transport of Carbon Dioxide Stream(s); (i) storing and using such quantities of fuel oil and other materials or substances as may be reasonable in connection with the Facilities; (j) accessing the entire Property as necessary to conduct any activities contemplated by this Agreement; and (k) viewing and performing testing, such as geological and geophysical surveys, seismic tests, and other testing and data relating to the Property and Storage Reservoirs to determine the capacity and suitability of the Storage Reservoirs and the Property for the Permitted Purposes. AP Capio agrees it shall comply with the standard seismic regulations and requirements administered by DWF, for any geophysical or geological surveys and operations conducted within a wildlife-management area or wildlife refuge. These rights do not include the right to withdraw water from State owned water bottoms on the Property, except as may be necessary to support the activities of AP Capio contemplated by this Agreement, and only to the extent allowed by, and in conformity with, Applicable Law(s) and Applicable Procedure(s).