LESSEE RIGHTS. 1. Lessee may from time to time surrender all or any part of the premises herein leased by giving notice in writing to the Lessor, Lessee shall not escape any prior obligation of the lease by filing a release. Upon surrender, Lessee shall execute and deliver to the Register of Deeds in the county wherein the land is situated for recording, a proper and sufficient instrument of release of all of Lessee’s rights and interest under this lease, insofar as they apply to the premises surrendered, and shall have said instrument delivered to the Lessor within thirty (30) days after recording with Register of Deeds. 2. Lessee may at any time remove all machinery and fixtures placed on the leased premised by the Lessee, provided, however, that said Lessee has complied with and fulfilled all other provisions of the lease as herein provided. 3. At the termination of the lease by any means except default under Section H of this lease, and with Lessee’s fulfillment of all lease obligations, covenants, agreements and context of this lease, Lessee shall have one year, or longer at the discretion of Lessor, after termination in which to remove all tools, machinery, railway tracks, structures and all other property situated on the leased premises as to which this lease is being terminated, except any supports placed in shafts, drifts or openings, any timbers, framework or fences necessary to the use and maintenance of shafts or approaches to mines or tramways within the mines, or dikes, water level control structures, roads or other developments as specified by Lessor and mutually agreed to be Lessor and Lessee. If Lessee fails to remove its property within the specified period, the property shall become the property of Lessor and may be removed by Lessor with expenses recovered from the performance bond. By agreement of the parties, any of Lessee’s property on the leased premises may become the property of Lessor. 4. In the conduct of approved mining operations of the leased premises, the Lessee is hereby granted the right, if it so desires, to mine and remove any nonmetallic minerals or nonmetallic mineral products included in this lease existing thereon, or on any part or parts thereof, through, or by means of, shafts, openings or pits which may be sunk or made upon adjoining or nearby premises owned or controlled by the Lessee, and may stockpile any nonmetallic minerals and/or nonmetallic mineral products from the leased premises or any part thereof upon stockpile ground situated upon any such adjoining or nearby premises. 5. Lessee may maintain and use roads, pipelines, electric transmission lines and other facilities which are located on surrendered portions of the leased premises, with written consent of Lessor, and payment of surface use fees as determined by the Lessor, so long as they are reasonably necessary to Lessee’s operations on leased premises remaining under this agreement. 6. Lessee may mix nonmetallic minerals and/or nonmetallic mineral products taken from the leased premises with any other nonmetallic minerals and/or nonmetallic mineral products from other premises after the nonmetallic minerals and/or nonmetallic mineral products from the leased premises have been measured and sampled to determine and preserve the rights and liens of the Lessor therein.
Appears in 2 contracts
Samples: Nonmetallic Minerals Lease, Nonmetallic Minerals Lease
LESSEE RIGHTS. 1. Lessee may from time to time surrender all or any part of the premises herein leased by giving notice in writing to the Lessor, Lessee shall not escape any prior obligation of the lease by filing a release. Upon surrender, Lessee shall execute and deliver to the Register register of Deeds deeds in the county wherein the land is situated for recording, a proper and sufficient instrument of release of all of Lessee’s rights and interest under this lease, insofar as they apply to the premises surrendered, and shall have said instrument delivered to the Lessor within thirty (30) days after recording with Register register of Deedsdeeds.
2. Lessee may at any time remove all machinery and fixtures placed on the leased premised by the Lessee, provided, however, that said Lessee has complied with and fulfilled all other provisions of the lease as herein provided.
3. At Nearing the termination of the lease by any means except default under Section H D of this lease, and with Lessee’s fulfillment of all lease obligations, covenants, agreements and context of this lease, Lessee shall have one year, or longer at the discretion of Lessor, after termination in which to remove all tools, machinery, railway tracks, structures and all other property situated on the leased premises as to which this lease is being terminated, except any supports placed in shafts, drifts or openings, any timbers, framework or fences necessary to the use and maintenance of shafts or approaches to mines or tramways within the mines, or dikes, water level control structures, roads or other developments as specified by Lessor and mutually agreed to be Lessor and Lessee. If Lessee fails to remove its property within the specified period, the property shall become the property of Lessor and may be removed by Lessor with expenses recovered from the performance bond. By agreement of the parties, any of Lessee’s property on the leased premises may become the property of Lessor.
4. In the conduct of approved mining operations of the leased premises, the Lessee is hereby granted the right, if it so desires, to mine and remove any nonmetallic minerals or nonmetallic mineral products included in this lease existing thereon, or on any part or parts thereof, through, or by means of, shafts, openings or pits which may be sunk or made upon adjoining or nearby premises owned or controlled by the Lessee, and may stockpile any nonmetallic minerals and/or nonmetallic mineral products from the leased premises or any part thereof upon stockpile ground situated upon any such adjoining or nearby premises.
5. Lessee may maintain and use roads, pipelines, electric transmission lines and other facilities which are located on surrendered portions of the leased premises, with written consent of Lessor, and payment of surface use fees as determined by the Lessor, so long as they are reasonably necessary to Lessee’s operations on leased premises remaining under this agreement.
6. Lessee may mix nonmetallic minerals and/or nonmetallic mineral products taken from the leased premises with any other nonmetallic minerals and/or nonmetallic mineral products from other premises after the nonmetallic minerals and/or nonmetallic mineral products from the leased premises have been measured and sampled to determine and preserve the rights and liens of the Lessor therein.
Appears in 2 contracts
Samples: Nonmetallic Minerals Salt Lease, Nonmetallic Minerals Salt Lease
LESSEE RIGHTS. 1. Lessee may from time to time-to-time surrender all or any part of the premises herein leased by giving notice in writing to the Lessor, . Lessee shall not escape any prior obligation of the lease by filing a release. Upon If the lease being surrendered has been recorded by the Register of Deeds, upon Lessor’s approval of Lessee’s surrender, Lessee shall execute and deliver to the Register of Deeds in the county wherein the land is situated situated, for recording, recording a proper and sufficient instrument of release of all of Lessee’s rights and interest under this lease, insofar as they apply to the premises surrendered, and shall have said instrument delivered to the Lessor within thirty (30) days after recording with Register of Deeds.
2. Lessee may May at any time remove all machinery and fixtures placed on the leased premised premises by the Lessee, provided, however, that said Lessee has complied with and fulfilled all other provisions of the lease as herein provided.
3. At the termination of the lease by any means except default under Section H D of this lease, and with Lessee’s fulfillment of all lease obligations, covenants, agreements and context of this lease, Lessee shall have one year, or longer at the discretion of Lessor, after termination in which to remove removed all tools, machinery, railway tracks, structures and all other property situated on the leased premises as to which this lease is being terminated, except any supports placed in shafts, drifts or openings, any timbers, framework or fences necessary to the use and maintenance of shafts or openings, approaches to mines or tramways within the minesoperating pit, or dikes, water level control structures, roads or other developments as specified by Lessor and mutually agreed to be by Lessor and Lessee. If Lessee fails to remove its property within by the specified periodlease termination, the property shall become the property of Lessor and may be removed by Lessor with expenses recovered from the performance bond. By agreement of the parties, any of Lessee’s property on the leased premises may become the property of Lessor.
4. In Following the conduct of approved mining operations of and mine reclamation plans on the leased premises, the Lessee is hereby granted the right, if it so desires, right to mine and remove any the nonmetallic minerals specified to be construction sand, gravel, cobbles, boulders and clay, or their nonmetallic mineral products included in this lease existing thereon, or on any part or parts thereof, through, or by means of, shafts, of openings or pits which may be sunk or made upon adjoining or nearby premises owned or controlled by the Lessee, and may stockpile any of the specified nonmetallic minerals and/or nonmetallic mineral products from the leased premises or any part thereof thereon upon stockpile ground situated upon any such adjoining or nearby premises. Before products subject to the lease may be stockpiled off lease premises, Lessee must have prior written approval of Lessor and provide accurate records of product measurements and sampling to determine and preserve the rights and liens of the Lessor therein. Prior written authorization of property owner at the adjacent stockpile location must be presented to Lessor at time of permission request.
5. Lessee may install, maintain and use roads, pipelines, electric transmission lines and other facilities which are located on surrendered portions of the leased premises, with written consent of Lessor, and payment of surface use fees as determined by the Lessor, so long as they are reasonably necessary to Lessee’s operations on leased premises remaining under this agreement. All installations must meet Lessor’s specifications.
6. Lessee may mix the specified nonmetallic minerals and/or nonmetallic mineral products taken from the leased premises with any other nonmetallic minerals and/or nonmetallic mineral products from other premises after the nonmetallic minerals and/or nonmetallic mineral products from the leased premises have been measured and sampled to determine and preserve the rights and liens of the Lessor therein.. The said Lessor, by its Manager, Minerals Management Section, has signed and affixed the seal of the State of Michigan by virtue of action taken by Lessor on this day of 20 _, and the Lessee has signed the day and year written below. By: _ (signature) Xxxx Xxxxxx, Manager Minerals Management Section Finance and Operations Division Acknowledged before me in Xxxxxx County, Michigan on _ _ , 20_ , by Xxxx Xxxxxx, Manager, Minerals Management Section, Finance and Operations Division, of the Department of Natural Resources for the State of Michigan. By: _ (Notary Public signature) _ (printed name) State of Michigan, County of: _ My Commission Expires: _ _ _
Appears in 1 contract
Samples: Nonmetallic Minerals Lease
LESSEE RIGHTS. 1. Lessee may from time to time-to-time surrender all or any part of the premises herein leased by giving notice in writing to the Lessor, . Lessee shall not escape any prior obligation of the lease by filing a release. Upon If the lease being surrendered has been recorded by the Register of Deeds, upon Xxxxxx’s approval of Xxxxxx’s surrender, Lessee Xxxxxx shall execute and deliver to the Register of Deeds in the county wherein the land is situated situated, for recording, recording a proper and sufficient instrument of release of all of LesseeXxxxxx’s rights and interest under this lease, insofar as they apply to the premises surrendered, and shall have said instrument delivered to the Lessor within thirty (30) days after recording with Register of Deeds.
2. Lessee may May at any time remove all machinery and fixtures placed on the leased premised premises by the Lessee, provided, however, that said Lessee Xxxxxx has complied with and fulfilled all other provisions of the lease as herein provided.
3. At the termination of the lease by any means except default under Section H D of this lease, and with Lessee’s fulfillment of all lease obligations, covenants, agreements and context of this lease, Lessee shall have one year, or longer at the discretion of Lessor, after termination in which to remove removed all tools, machinery, railway tracks, structures and all other property situated on the leased premises as to which this lease is being terminated, except any supports placed in shafts, drifts or openings, any timbers, framework or fences necessary to the use and maintenance of shafts or openings, approaches to mines or tramways within the minesoperating pit, or dikes, water level control structures, roads or other developments as specified by Lessor and mutually agreed to be Lessor by Xxxxxx and LesseeXxxxxx. If Lessee fails to remove its property within by the specified periodlease termination, the property shall become the property of Lessor and may be removed by Lessor with expenses recovered from the performance bond. By agreement of the parties, any of Lessee’s property on the leased premises may become the property of Lessor.
4. In Following the conduct of approved mining operations of and mine reclamation plans on the leased premises, the Lessee is hereby granted the right, if it so desires, right to mine and remove any the nonmetallic minerals specified to be construction sand, gravel, cobbles, boulders and clay, or their nonmetallic mineral products included in this lease existing thereon, or on any part or parts thereof, through, or by means of, shafts, of openings or pits which may be sunk or made upon adjoining or nearby premises owned or controlled by the Lessee, and may stockpile any of the specified nonmetallic minerals and/or nonmetallic mineral products from the leased premises or any part thereof thereon upon stockpile ground situated upon any such adjoining or nearby premises. Before products subject to the lease may be stockpiled off lease premises, Lessee must have prior written approval of Lessor and provide accurate records of product measurements and sampling to determine and preserve the rights and liens of the Lessor therein. Prior written authorization of property owner at the adjacent stockpile location must be presented to Lessor at time of permission request.
5. Lessee may install, maintain and use roads, pipelines, electric transmission lines and other facilities which are located on surrendered portions of the leased premises, with written consent of Lessor, and payment of surface use fees as determined by the Lessor, so long as they are reasonably necessary to LesseeXxxxxx’s operations on leased premises remaining under this agreement. All installations must meet Xxxxxx’s specifications.
6. Lessee may mix the specified nonmetallic minerals and/or nonmetallic mineral products taken from the leased premises with any other nonmetallic minerals and/or nonmetallic mineral products from other premises after the nonmetallic minerals and/or nonmetallic mineral products from the leased premises have been measured and sampled to determine and preserve the rights and liens of the Lessor therein.
Appears in 1 contract
Samples: Nonmetallic Minerals Lease
LESSEE RIGHTS. 1. Lessee may from time to time-to-time surrender all or any part of the premises herein leased by giving notice in writing to the Lessor, . Lessee shall not escape any prior obligation of the lease by filing a release. Upon surrender, Lessee shall execute and deliver to the Register of Deeds in the county wherein the land is situated situated, for recording, a proper and sufficient instrument Notice Of Termination of release this lease and of all of Lessee’s 's rights and interest under this lease, insofar as they apply to the premises surrendered, and shall have said instrument delivered to the Lessor within thirty (30) days after recording with Register of Deeds.,
2. Lessee may at any time remove all machinery and fixtures placed on the leased premised by the Lesseepremises, provided, however, that said Lessee has complied with and fulfilled all other provisions of the lease as herein provided.
3. At the termination of the lease by any means except default under Section H of this leasemeans, and with Lessee’s 's fulfillment of all lease obligations, covenants, agreements and context of this leaseagreements, Lessee shall have one yearhundred eighty (180) days, or longer at the discretion of Lessor, after termination in which to remove all tools, machinery, railway tracks, structures structures, and all other property situated on the leased premises as to which this lease is being terminated, except any supports placed in shafts, drifts drifts, or openingsopenings or any timber, any timbersframework, framework or fences necessary to the use and maintenance of shafts or approaches to mines or tramways within the mines, or dikes, water level control structures, roads or other developments as specified by Lessor and mutually agreed to be Lessor and Lessee. If Lessee fails to remove its property within the specified period, the property shall shall, at the sole option of the Lessor, become the property of Lessor and may be removed by Lessor with expenses recovered from the performance bond. By agreement of the parties, any of Lessee’s 's property on the leased premises may become the property of Lessor.
4. In the conduct of approved mining operations of on the leased premises, the Lessee is hereby granted the right, if it so desires, to mine and remove any nonmetallic minerals or nonmetallic mineral products included in this lease ores existing thereon, or on any part or parts thereof, through, or by means of, shafts, openings or pits which may be sunk or made upon adjoining or nearby premises owned or controlled by the Lessee, and may stockpile any nonmetallic minerals and/or nonmetallic mineral products ores from the leased premises or any part thereof upon stockpile ground situated upon any such adjoining or nearby premises.
5. Lessee may maintain and use roads, pipelines, electric transmission lines lines, and other facilities facilities, which are located on surrendered portions of the leased premises, with written consent of Lessor, and payment of surface use fees as determined by the Lessor, Lessor so long as they are reasonably necessary to Lessee’s 's operations on leased premises remaining under this agreement.
6. Lessee may mix nonmetallic minerals and/or nonmetallic mineral products taken from the leased premises with any other nonmetallic minerals and/or nonmetallic mineral products from other premises after the nonmetallic minerals and/or nonmetallic mineral products from the leased premises have been measured and sampled to determine and preserve the rights and liens of the Lessor therein.
Appears in 1 contract
Samples: Metallic Minerals Lease
LESSEE RIGHTS. 1. Lessee may from time to time surrender all or any part of the premises herein leased by giving notice in writing to the Lessor, Lessee shall not escape any prior obligation of the lease by filing a release. Upon surrender, Lessee shall execute and deliver to the Register register of Deeds deeds in the county wherein the land is situated for recording, a proper and sufficient instrument of release of all of Lessee’s rights and interest under this lease, insofar as they apply to the premises surrendered, and shall have said instrument delivered to the Lessor within thirty (30) days after recording with Register register of Deeds.
2deeds. Lessee may at any time remove all machinery and fixtures placed on the leased premised by the Lessee, provided, however, that said Lessee has complied with and fulfilled all other provisions of the lease as herein provided.
3. At Nearing the termination of the lease by any means except default under Section H D of this lease, and with Lessee’s fulfillment of all lease obligations, covenants, agreements and context of this lease, Lessee shall have one year, or longer at the discretion of Lessor, after termination in which to remove all tools, machinery, railway tracks, structures and all other property situated on the leased premises as to which this lease is being terminated, except any supports placed in shafts, drifts or openings, any timbers, framework or fences necessary to the use and maintenance of shafts or approaches to mines or tramways within the mines, or dikes, water level control structures, roads or other developments as specified by Lessor and mutually agreed to be Lessor and Lessee. If Lessee fails to remove its property within the specified period, the property shall become the property of Lessor and may be removed by Lessor with expenses recovered from the performance bond. By agreement of the parties, any of Lessee’s property on the leased premises may become the property of Lessor.
4. In the conduct of approved mining operations of the leased premises, the Lessee is hereby granted the right, if it so desires, to mine and remove any nonmetallic minerals or nonmetallic mineral products included in this lease existing thereon, or on any part or parts thereof, through, or by means of, shafts, openings or pits which may be sunk or made upon adjoining or nearby premises owned or controlled by the Lessee, and may stockpile any nonmetallic minerals and/or nonmetallic mineral products from the leased premises or any part thereof upon stockpile ground situated upon any such adjoining or nearby premises.
5. Lessee may maintain and use roads, pipelines, electric transmission lines and other facilities which are located on surrendered portions of the leased premises, with written consent of Lessor, and payment of surface use fees as determined by the Lessor, so long as they are reasonably necessary to Lessee’s operations on leased premises remaining under this agreement.
6. Lessee may mix nonmetallic minerals and/or nonmetallic mineral products taken from the leased premises with any other nonmetallic minerals and/or nonmetallic mineral products from other premises after the nonmetallic minerals and/or nonmetallic mineral products from the leased premises have been measured and sampled to determine and preserve the rights and liens of the Lessor therein. Exploration Plan No exploration activity shall take place on leased premises without an exploration plan developed by Lessee and approved by Lessor. If the surface rights are not owned by the Department, the Department shall notify the surface owner and provide an opportunity to review and comment on the plan prior to its approval. Prior to commencement of exploration and annually thereafter on the lease anniversary, the Lessee shall submit to the Lessor for approval a plan outlining Lessee’s proposed exploration activities on the leased premises during the ensuing year and exploration conducted to date, if any. The exploration plan shall contain the following: a description of proposed exploration activities and locations of sites where such exploration activities and locations of sites where such exploration activities were, or are proposed to be, conducted; and locations and depths of any known existing exploration holes, trenches, pits, dikes and water level control structures; and locations of roads which were, or are proposed to be, constructed to carry forth exploration activities; and evidence that all necessary permits and licenses required by Federal, State and Local units of government have been obtained. Lessor shall approve or reject the plan, for reasons stated, within ninety (90) days of receipt of a complete exploration plan from Lessee. If Lessor rejects this plan, Lessee may resubmit a plan(s) without prejudice. Any change proposed in the approved plan shall be prepared and submitted as a modified plan in accordance with section R(1) above. Any such changes shall not be commenced until Lessor has reviewed and approved such modified plan. Upon the conclusion of exploration activities at a site, Lessee shall leave the site in a condition satisfactory to the Lessor. Lessor may require Lessee to barricade entrances to any roadways, drill sites, clearings and/or excavations on surrendered leased premises to recontour and/or reseed these areas, or to leave these areas as constructed. Exploration Reports For the exploration conducted under this lease, the Lessee shall retain and store all factual exploration data and records at a location(s) mutually agreeable with Lessor and Lessee. The Lessor retains the right to examine all such data and records, including cores and samples in such a manner as to respect the confidentiality of such data and records as may be provided for under Part 625 of the NREPA or other applicable statutes. Upon termination of this lease or surrender of any part of the leased premises, Lessee shall furnish to Lessor any cores or samples requested by Lessor, and an up-to-date report of all exploration conducted by Lessee on that part of the leased premises. Final reports shall contain copies of all factual data generated from exploration activities on the leased premises as of the date of surrender.
Appears in 1 contract
Samples: Nonmetallic Minerals Salt Lease
LESSEE RIGHTS. 1. Lessee may from time to time-to-time surrender all or any part of the premises herein leased by giving notice in writing to the Lessor, . Lessee shall not escape any prior obligation of the lease by filing a release. Upon If the lease being surrendered has been recorded by the Register of Deeds, upon Lessor’s approval of Lessee’s surrender, Lessee shall execute and deliver to the Register of Deeds in the county wherein the land is situated situated, for recording, recording a proper and sufficient instrument of release of all of Lessee’s rights and interest under this lease, insofar as they apply to the premises surrendered, and shall have said instrument delivered to the Lessor within thirty (30) days after recording with Register of Deeds.
2. Lessee may May at any time remove all machinery and fixtures placed on the leased premised premises by the Lessee, provided, however, that said Lessee has complied with and fulfilled all other provisions of the lease as herein provided.
3. At the termination of the lease by any means except default under Section H D of this lease, and with Lessee’s fulfillment of all lease obligations, covenants, agreements and context of this lease, Lessee shall have one year, or longer at the discretion of Lessor, after termination in which to remove removed all tools, machinery, railway tracks, structures and all other property situated on the leased premises as to which this lease is being terminated, except any supports placed in shafts, drifts or openings, any timbers, framework or fences necessary to the use and maintenance of shafts or openings, approaches to mines or tramways within the minesoperating pit, or dikes, water level control structures, roads or other developments as specified by Lessor and mutually agreed to be by Lessor and Lessee. If Lessee fails to remove its property within by the specified periodlease termination, the property shall become the property of Lessor and may be removed by Lessor with expenses recovered from the performance bond. By agreement of the parties, any of Lessee’s property on the leased premises may become the property of Lessor.
4. In Following the conduct of approved mining operations of and mine reclamation plans on the leased premises, the Lessee is hereby granted the right, if it so desires, right to mine and remove any the nonmetallic minerals specified to be construction sand, gravel, cobbles, boulders and clay, or their nonmetallic mineral products included in this lease existing thereon, or on any part or parts thereof, through, or by means of, shafts, of openings or pits which may be sunk or made upon adjoining or nearby premises owned or controlled by the Lessee, and may stockpile any of the specified nonmetallic minerals and/or nonmetallic mineral products from the leased premises or any part thereof thereon upon stockpile ground situated upon any such adjoining or nearby premises. Before products subject to the lease may be stockpiled off lease premises, Lessee must have prior written approval of Lessor and provide accurate records of product measurements and sampling to determine and preserve the rights and liens of the Lessor therein. Prior written authorization of property owner at the adjacent stockpile location must be presented to Lessor at time of permission request.
5. Lessee may install, maintain and use roads, pipelines, electric transmission lines and other facilities which are located on surrendered portions of the leased premises, with written consent of Lessor, and payment of surface use fees as determined by the Lessor, so long as they are reasonably necessary to Lessee’s operations on leased premises remaining under this agreement. All installations must meet Lessor’s specifications.
6. Lessee may mix the specified nonmetallic minerals and/or nonmetallic mineral products taken from the leased premises with any other nonmetallic minerals and/or nonmetallic mineral products from other premises after the nonmetallic minerals and/or nonmetallic mineral products from the leased premises have been measured and sampled to determine and preserve the rights and liens of the Lessor therein.
Appears in 1 contract
Samples: Nonmetallic Minerals Lease
LESSEE RIGHTS. 1. Lessee may from time to time-to-time surrender all or any part of the premises herein leased by giving notice in writing to the Lessor, . Lessee shall not escape any prior obligation of the lease by filing a release. Upon If the lease being surrendered has been recorded by the Register of Deeds, upon Xxxxxx’s approval of Xxxxxx’s surrender, Lessee Xxxxxx shall execute and deliver to the Register of Deeds in the county wherein the land is situated situated, for recording, recording a proper and sufficient instrument of release of all of Lessee’s rights and interest under this lease, insofar as they apply to the premises surrendered, and shall have said instrument delivered to the Lessor within thirty (30) days after recording with Register of Deeds.
2. Lessee may at any time remove all machinery and fixtures placed on the leased premised premises by the Lessee, provided, provided however, that said Lessee said, Xxxxxx has complied with and fulfilled all other provisions of the lease as herein provided.
3. At the termination of the lease by any means except default under Section H D of this lease, and with Lessee’s fulfillment of all lease obligations, covenants, agreements and context of this lease, Lessee shall have one year, or longer at the discretion of Lessor, after termination in which to remove removed all tools, machinery, railway tracks, structures and all other property situated on the leased premises as to which this lease is being terminated, except any supports placed in shafts, drifts or openings, any timbers, framework or fences necessary to the use and maintenance of shafts or openings, approaches to mines or tramways within the minesoperating pit, or dikes, water level control structures, roads or other developments as specified by Lessor and mutually agreed to be Lessor by Xxxxxx and LesseeXxxxxx. If Lessee fails to remove its property within by the specified periodlease termination, the property shall become the property of Lessor and may be removed by Lessor with expenses recovered from the performance bond. By agreement of the parties, any of Lessee’s property on the leased premises may become the property of Lessor.
4. In Following the conduct of approved mining operations of and mine reclamation plans on the leased premises, the Lessee is hereby granted the right, if it so desires, right to mine and remove any the nonmetallic minerals specified to be construction sand, gravel, cobbles, boulders and clay, or their nonmetallic mineral products included in this lease existing thereon, or on any part or parts thereof, through, or by means of, shafts, of openings or pits which may be sunk or made upon adjoining or nearby premises owned or controlled by the Lessee, and may stockpile any of the specified nonmetallic minerals and/or nonmetallic mineral products from the leased premises or any part thereof thereon upon stockpile ground situated upon any such adjoining or nearby premises. Before products subject to the lease may be stockpiled off lease premises, Lessee must have prior written approval of Lessor and provide accurate records of product measurements and sampling to determine and preserve the rights and liens of the Lessor therein. Prior written authorization of property owner at the adjacent stockpile location must be presented to Lessor at time of permission request.
5. Lessee may install, maintain and use roads, pipelines, electric transmission lines and other facilities which are located on surrendered portions of the leased premises, with written consent of Lessor, and payment of surface use fees as determined by the Lessor, so long as they are reasonably necessary to LesseeXxxxxx’s operations on leased premises remaining under this agreement. All installations must meet Xxxxxx’s specifications.
6. Lessee may mix the specified nonmetallic minerals and/or nonmetallic mineral products taken from the leased premises with any other nonmetallic minerals and/or nonmetallic mineral products from other premises after the nonmetallic minerals and/or nonmetallic mineral products from the leased premises have been measured and sampled to determine and preserve the rights and liens of the Lessor therein.
Appears in 1 contract
Samples: Nonmetallic Minerals Lease
LESSEE RIGHTS. 1. Lessee may from time to time-to-time surrender all or any part of the premises herein leased by giving notice in writing to the Lessor, . Lessee shall not escape any prior obligation of the lease by filing a release. Upon If the lease being surrendered has been recorded by the Register of Deeds, upon Xxxxxx’s approval of Xxxxxx’s surrender, Lessee Xxxxxx shall execute and deliver to the Register of Deeds in the county wherein the land is situated situated, for recording, recording a proper and sufficient instrument of release of all of Lessee’s rights and interest under this lease, insofar as they apply to the premises surrendered, and shall have said instrument delivered to the Lessor within thirty (30) days after recording with Register of Deeds.
2. Lessee may at any time remove all machinery and fixtures placed on the leased premised premises by the Lessee, provided, provided however, that said Lessee said, Xxxxxx has complied with and fulfilled all other provisions of the lease as herein provided.
3. At the termination of the lease by any means except default under Section H D of this lease, and with Lessee’s fulfillment of all lease obligations, covenants, agreements and context of this lease, Lessee shall have one year, or longer at the discretion of Lessor, after termination in which to remove removed all tools, machinery, railway tracks, structures and all other property situated on the leased premises as to which this lease is being terminated, except any supports placed in shafts, drifts or openings, any timbers, framework or fences necessary to the use and maintenance of shafts or openings, approaches to mines or tramways within the minesoperating pit, or dikes, water level control structures, roads or other developments as specified by Lessor and mutually agreed to be Lessor by Xxxxxx and LesseeXxxxxx. If Lessee fails to remove its property within by the specified periodlease termination, the property shall become the property of Lessor and may be removed by Lessor with expenses recovered from the performance bond. By agreement of the parties, any of Lessee’s property on the leased premises may become the property of Lessor.
4. In Following the conduct of approved mining operations of and mine reclamation plans on the leased premises, the Lessee is hereby granted the right, if it so desires, right to mine and remove any the nonmetallic minerals specified to be construction sand, gravel, cobbles, boulders and clay, or their nonmetallic mineral products included in this lease existing thereon, or on any part or parts thereof, through, or by means of, shafts, of openings or pits which may be sunk or made upon adjoining or nearby premises owned or controlled by the Lessee, and may stockpile any of the specified nonmetallic minerals and/or nonmetallic mineral products from the leased premises or any part thereof thereon upon stockpile ground situated upon any such adjoining or nearby premises. Before products subject to the lease may be stockpiled off lease premises, Lessee must have prior written approval of Lessor and provide accurate records of product measurements and sampling to determine and preserve the rights and liens of the Lessor therein. Prior written authorization of property owner at the adjacent stockpile location must be presented to Lessor at time of permission request.
5. Lessee may install, maintain and use roads, pipelines, electric transmission lines and other facilities which are located on surrendered portions of the leased premises, with written consent of Lessor, and payment of surface use fees as determined by the Lessor, so long as they are reasonably necessary to LesseeXxxxxx’s operations on leased premises remaining under this agreement. All installations must meet Xxxxxx’s specifications.
6. Lessee may mix the specified nonmetallic minerals and/or nonmetallic mineral products taken from the leased premises with any other nonmetallic minerals and/or nonmetallic mineral products from other premises after the nonmetallic minerals and/or nonmetallic mineral products from the leased premises have been measured and sampled to determine and preserve the rights and liens of the Lessor therein.. The said Lessor, by its Manager, Minerals Management Section, has signed and affixed the seal of the State of Michigan by virtue of action taken by Lessor on this day of 20 _, and the Lessee has signed the day and year written below. By: _ (signature) Xxxx Xxxxxx, Manager Minerals Management Section Finance and Operations Division Acknowledged before me in Xxxxxx County, Michigan on _ _ , 20_ , by Xxxx Xxxxxx, Manager, Minerals Management Section, Finance and Operations Division, of the Department of Natural Resources for the State of Michigan. By: _ (Notary Public signature) _ (printed name) State of Michigan, County of: _ My Commission Expires: _ _ _
Appears in 1 contract
Samples: Nonmetallic Minerals Lease
LESSEE RIGHTS. 1. Lessee LESSEE may from time to time surrender all or any part of the premises herein leased by giving notice in writing to the Lessor, Lessee LESSOR. LESSEE shall not escape any prior obligation of the lease by filing a release. Upon If the lease being surrendered has been recorded by the Register of Deeds, upon LESSOR’S approval of LESSEE’S surrender, Lessee LESSEE shall execute and deliver to the Register of Deeds in the county wherein the land is situated situated, for recording, recording a proper and sufficient instrument of release of all of LesseeLESSEE’s rights and interest under this lease, insofar as they apply to the premises surrendered, and shall have said instrument delivered to the Lessor LESSOR within thirty (30) days after recording with Register of Deeds.
2. Lessee LESSEE may at any time remove all machinery and fixtures placed on the leased premised premises by the LesseeLESSEE, provided, however, provided however that said Lessee LESSEE has complied with and fulfilled all other provisions of the lease as herein provided.
3. At the termination of the lease by any means except default under Section H D of this lease, and with LesseeLESSEE’s fulfillment of all lease obligations, covenants, agreements and context of this lease, Lessee LESSEE shall have one year, or longer at the discretion of Lessor, after termination in which to remove removed all tools, machinery, railway tracks, structures and all other property situated on the leased premises as to which this lease is being terminated, except any supports placed in shafts, drifts or openings, any timbers, framework or fences necessary to the use and maintenance of shafts or openings, approaches to mines or tramways within the minesoperating pit, or dikes, water level control structures, roads or other developments as specified by Lessor LESSOR and mutually agreed to be Lessor by LESSOR and LesseeLESSEE. If Lessee LESSEE fails to remove its property within by the specified periodlease termination, the property shall become the property of Lessor LESSOR and may be removed by Lessor LESSOR with expenses recovered from the performance bond. By agreement of the parties, any of LesseeLESSEE’s property on the leased premises may become the property of LessorLESSOR.
4. In Following the conduct of approved mining operations of and mine reclamation plans on the leased premises, the Lessee LESSEE is hereby granted the right, if it so desires, right to mine and remove any the nonmetallic minerals specified to be construction sand, gravel, cobbles, boulders and clay, or their nonmetallic mineral products included in this lease existing thereon, or on any part or parts thereof, through, or by means of, shafts, of openings or pits which may be sunk or made upon adjoining or nearby premises owned or controlled by the LesseeLESSEE, and may stockpile any of the specified nonmetallic minerals and/or nonmetallic mineral products from the leased premises or any part thereof thereon upon stockpile ground situated upon any such adjoining or nearby premises. Before products subject to the lease may be stockpiled off lease premises, LESSEE must have prior written approval of LESSOR and provide accurate records of product measurements and sampling to determine and preserve the rights and liens of the LESSOR therein. Prior written authorization of property owner at the adjacent stockpile location must be presented to LESSOR at time of permission request.
5. Lessee LESSEE may install, maintain and use roads, pipelines, electric transmission lines and other facilities which are located on surrendered portions of the leased premises, with written consent of LessorLESSOR, and payment of surface use fees as determined by the LessorLESSOR, so long as they are reasonably necessary to LesseeLESSEE’s operations on leased premises remaining under this agreement. All installations must meet LESSOR’S specifications.
6. Lessee LESSEE may mix the specified nonmetallic minerals and/or nonmetallic mineral products taken from the leased premises with any other nonmetallic minerals and/or nonmetallic mineral products from other premises after the nonmetallic minerals and/or nonmetallic mineral products from the leased premises have been measured and sampled to determine and preserve the rights and liens of the Lessor LESSOR therein.
Appears in 1 contract
Samples: Nonmetallic Minerals Lease
LESSEE RIGHTS. 1. Lessee may from time to time surrender all or any part of the premises herein leased by giving notice in writing to the Lessor, Lessee shall not escape any prior obligation of the lease by filing a release. Upon surrender, Lessee shall execute and deliver to the Register register of Deeds deeds in the county wherein the land is situated for recording, a proper and sufficient instrument of release of all of Lessee’s rights and interest under this lease, insofar as they apply to the premises surrendered, and shall have said instrument delivered to the Lessor within thirty (30) days after recording with Register register of Deedsdeeds.
2. Lessee may at any time remove all machinery and fixtures placed on the leased premised by the Lessee, provided, however, that said Lessee has complied with and fulfilled all other provisions of the lease as herein provided.
3. At Nearing the termination of the lease by any means except default under Section H D of this lease, and with Lessee’s fulfillment of all lease obligations, covenants, agreements and context of this lease, Lessee shall have one year, or longer at the discretion of Lessor, after termination in which to remove all tools, machinery, railway tracks, structures and all other property situated on the leased premises as to which this lease is being terminated, except any supports placed in shafts, drifts or openings, any timbers, framework or fences necessary to the use and maintenance of shafts or approaches to mines or tramways within the mines, or dikes, water level control structures, roads or other developments as specified by Lessor and mutually agreed to be Lessor and Lessee. If Lessee fails to remove its property within the specified period, the property shall become the property of Lessor and may be removed by Lessor with expenses recovered from the performance bond. By agreement of the parties, any of Lessee’s property on the leased premises may become the property of Lessor.
4. In the conduct of approved mining operations of the leased premises, the Lessee is hereby granted the right, if it so desires, to mine and remove any nonmetallic minerals or nonmetallic mineral products included in this lease existing thereon, or on any part or parts thereof, through, through or by means of, shafts, openings or pits which may be sunk or made upon adjoining or nearby premises owned or controlled by the Lessee, and may stockpile any nonmetallic minerals and/or nonmetallic mineral products from the leased premises or any part thereof upon stockpile ground situated upon any such adjoining or nearby premises.
5. Lessee may maintain and use roads, pipelines, electric transmission lines and other facilities which are located on surrendered portions of the leased premises, with written consent of Lessor, and payment of surface use fees as determined by the Lessor, so long as they are reasonably necessary to Lessee’s operations on leased premises remaining under this agreement.
6. Lessee may mix nonmetallic minerals and/or nonmetallic mineral products taken from the leased premises with any other nonmetallic minerals and/or nonmetallic mineral products from other premises after the nonmetallic minerals and/or nonmetallic mineral products from the leased premises have been measured and sampled to determine and preserve the rights and liens of the Lessor therein.
Appears in 1 contract
Samples: Nonmetallic Minerals Lease
