SURFACE ACCESS. The Entitlement Bands agree that, from and after their Shortfall Acres Acquisition Date, where Entitlement Land has been Purchased and all Minerals have not been Purchased or all Mineral Dispositions have not been removed, or arrangements satisfactory to Canada, the Entitlement Band and the Mineral Disposition Holder have not been made for the surrender of the Mineral Disposition and recreation thereof pursuant to applicable federal legislation prior to the date upon which such Entitlement Land is to be set apart as an Entitlement Reserve, the parties agree that the following conditions will apply in respect of any such Minerals or Mineral Dispositions, namely:
(a) the Entitlement Land will not be set apart as an Entitlement Reserve until:
(i) where there is a Surface Lease, the Entitlement Band has, subject to the requirements of the Act and any other applicable federal legislation, entered into an agreement to honour the same;
(ii) where such Mineral Disposition consists of an interest held by a Fee Simple Mineral Owner or Disposition Holder but there are no existing Surface Leases granting surface access, the Entitlement Band has, pursuant to applicable federal legislation, entered into an agreement with any Fee Simple Mineral Owners or Mineral Disposition Holders to provide surface access to such Persons and their duly authorized servants and agents;
(iii) where any Fee Simple Mineral Owner or Mineral Disposition Holder cannot, after reasonable efforts by the Entitlement Band, be located or, having been located, indicates unwillingness to enter into an agreement with respect to surface access then, subject to applicable federal legislation, the Entitlement Band shall execute and deliver to Canada a binding agreement or undertaking (together with a Band Council Resolution approving the same) which permits issuance by the Minister, after the creation of the Entitlement Reserve, of an appropriate permit or other right under federal legislation to ensure surface access to such Mineral Disposition Holder or Fee Simple Mineral Owner;
(b) subject to applicable federal legislation, the provisions of section 5.05 shall no longer be applicable if Canada enacts legislation to provide for mechanisms which ensure surface access to a Fee Simple Mineral Owner or a Mineral Disposition Holder in respect of Entitlement Reserves on terms and conditions similar to those contained in The Surface Rights Acquisition and Compensation Act, R.S.S. 1978, c. S-65; and
(c) notwith...
SURFACE ACCESS. No surface use or access agreements that are currently in force and effect would materially interfere with oil and gas operations on the Delta Leases as currently conducted.
SURFACE ACCESS. No surface use or access agreements that are currently in force and effect would materially interfere with oil and gas operations on the Laramie Leases as currently conducted.
SURFACE ACCESS. Other than the surface leases, permits, rights-of-way, licenses, easements, and other surface rights agreements described on Exhibit A, Part 5A and Exhibit A – Part 5B, there are no surface use or access agreements currently in force and effect that would materially interfere with oil and gas operations on the Leases as currently conducted. Such Seller has a legal right of access to all of the Leases, Xxxxx and Units, and following the Initial Closing, Buyer will have a legal right of access to all of the Leases, Xxxxx and Units.
SURFACE ACCESS. Other than the surface leases, permits, rights-of-way, licenses, easements, and other surface rights agreements described on Exhibit C, there are no surface use or access agreements currently in force and effect that would materially interfere with oil and gas operations on the Leases as currently conducted. Seller has a legal right of access to all of the Leases and Xxxxx.
SURFACE ACCESS. To the Knowledge of NP or the Sellers, there are no third-party surface use or access agreements currently in force and effect that would materially interfere with the Business, and NP has the necessary surface use and access agreements to operate the Business.
SURFACE ACCESS. Expatriate and YK Group acknowledge and agree Wit any surface access created or constructed by a Party to the Claims is for its own use, and the other Party is prohibited from use of such access roads and trails without the prior written consent of the other Party, such consent not to be unreasonably withheld or delayed and subject to the paramount rights of Expatriate to conduct its operations on the Claims in respect of its metal exploration and mining activities and any reasonable conditions that may be imposed by the party providing such road or trail infrastructure. Article 6 - Indemnity
SURFACE ACCESS. 1.1 Xxxxxx shall make no entry for the conduct of drilling operations and no facilities shall be installed upon UPRC Lands until a Surface Owner's Agreement has been secured by UPRC or until UPRC shall waive such requirement. Without the prior written consent of the owner(s) thereof, no entry shall be made upon or under any portion of any railroad right of way or station grounds nor shall any oil and gas operations be conducted within two hundred feet (200') of: (a) any railroad tracks or buildings upon such right of way or station grounds, or (b) any building upon the Subject Lands in which UPRC owns a mineral estate.
1.2 Xxxxxx shall negotiate and make any payments for the use of said lands (except payments based upon or measured by production); and shall make satisfactory arrangements to take care of damages to any surface owner's lands, buildings and growing crops arising from or with respect to its operations hereunder.
1.3 Xxxxxx shall bury all pipelines below plow depths where they cross cultivated lands; shall construct gates or, at Xxxxxx'x option, shall install cattle guards where necessary for crossing fenced lands in connection with operations conducted hereunder and will keep such gates or cattle guards in repair and all gates closed.
SURFACE ACCESS. 4.01 This Lease does not grant surface rights.
4.02 Prior to conducting any surface operations, including seismic operations, on the Lease Lands, the Lessee shall first obtain all necessary surface rights in accordance with the Indian Oil and Gas Regulations, 1995.
4.03 The Issuance Fees, initial considerations, annual rentals, right of entry fees and entry fees specified in the Term Sheet shall apply to the surface rights referred to in clause 4.02.
4.04 Compensation for use by Lessee of Band roads shall be negotiated with and paid to the Band.
SURFACE ACCESS. Except as set forth on Schedule 7.18, to Seller’s Knowledge:
(a) except for those included in the Assets and except for those held by Third Party operators of the Assets, there are no Rights-of-Ways currently in effect that materially interfere with Seller’s ownership or operation of the Assets as of the date hereof; and
(b) Seller (or one of its Affiliates) possess all material Rights-of-Ways necessary for its operation (as of the date hereof) of the Assets for which it is the designated operator.
