Mineral and Geothermal Rights. All rights in minerals, oil, gas, geothermal energy (as defined below) and other hydrocarbons located in, on or under the Premises (collectively, the “Mineral Rights”) are reserved to their owner or owners (including Landlord, to the extent applicable) (each a “Mineral Lessor” on a generic basis) and are excepted from the Premises covered by the terms of this Lease. Tenant acknowledges, understands and agrees that said Mineral Lessors, and anyone acting under by, under or through their rights, a right of entry and a right-of-way for ingress and egress, in and to, over and on, the Premises during the Term for exploration, drilling, and mining of minerals, oil, gas, and other hydrocarbons on the Premises and activities incidental thereto, so long as said activities do not materially interfere with Xxxxxx’s use of the Premises or operation of the System. The term “geothermal energy” includes, without limitation, geothermal water or steam, hot water, steam and thermal energy, natural heat of the earth and the energy present in, resulting from or created by, or which may be extracted from the natural heat of the earth or the heat present below the surface of the earth, in whatever form such heat or energy occurs, together with any extractable minerals including minerals in solution from any well or effluence, and all minerals and gasses produced from or by means of any well or xxxxx on the Premises, or otherwise or by means of condensing steam or processing water produced from, or the effluence from any such well or xxxxx and water produced or obtained from condensation. Notwithstanding the foregoing, Landlord represents and warrants to Tenant that Tenant shall be able to construct, install, operate, use and manage the System upon the Premises during the Term. The parties also agree that they shall jointly resolve any issues concerning the Premises that may arise between a party or the parties and a Mineral Lessor.
Mineral and Geothermal Rights. All rights in minerals, oil, gas, geothermal energy (as defined below) and other hydrocarbons located in, on or under the Premises (collectively, the “Mineral Rights”) are reserved to their owner or owners (including Landlord, to the extent applicable) RIB ARROW DAIRY/CALBIOGAS LLC, LEASE AND FEEDSTOCK SUPPLY AGREEMENT PAGE 2 OF 41 (each a “Mineral Lessor” on a generic basis) and are excepted from the Premises covered by the terms of this Lease. Tenant acknowledges, understands and agrees that said Mineral Lessors, and anyone acting under by, under or through their rights, a right of entry and a right-of-way for ingress and egress, in and to, over and on, the Premises during the Term for exploration, drilling, and mining of minerals, oil, gas, and other hydrocarbons on the Premises and activities incidental thereto, so long as said activities do not materially interfere with Xxxxxx’s use of the Premises or operation of the System. The term “geothermal energy” includes, without limitation, geothermal water or steam, hot water, steam and thermal energy, natural heat of the earth and the energy present in, resulting from or created by, or which may be extracted from the natural heat of the earth or the heat present below the surface of the earth, in whatever form such heat or energy occurs, together with any extractable minerals including minerals in solution from any well or effluence, and all minerals and gasses produced from or by means of any well or xxxxx on the Premises, or otherwise or by means of condensing steam or processing water produced from, or the effluence from any such well or xxxxx and water produced or obtained from condensation. Notwithstanding the foregoing, Landlord represents and warrants to Tenant that Tenant shall be able to construct, install, operate, use and manage the System upon the Premises during the Term. The parties also agree that they shall jointly resolve any issues concerning the Premises that may arise between a party or the parties and a Mineral Lessor.
