SURFACE DAMAGE PAYMENTS. 1. Lessee shall pay or agree upon payment to the surface owner, or any person, or governmental agency, holding under the owner, for all damages or losses (including any loss of the use of all or part of the surface) caused directly or indirectly by operations hereunder, whether to growing timber or farm crops, buildings, to any person or property, or to other operations.
2. Before mining operations may be commenced on the land in which the State of Michigan owns mineral rights only, and as described in this lease, proof shall be submitted to the Lessor, in writing, that either voluntary agreement or stipulated settlement relative to surface use and damages has been reached between the Lessee or Xxxxxx’s authorized agent and the surface owner or F(3) is invoked.
3. When a mutually satisfactory agreement relative to surface use and damages cannot be reached, either party can inform the Lessor, in writing, that a dispute exists and Xxxxxx will notify both parties and will grant a negotiation period of thirty (30) days in which no mining operations may be conducted by the Lessee. This time period is to allow for the resolution of the dispute. If, at the end of this period, proof of the agreement is not submitted in writing to the Lessor, mining operations will not be prohibited by the Lessor and resolution of the dispute rests solely with the Lessee and the surface owner independent of the Lessor.
SURFACE DAMAGE PAYMENTS. 1. The Lessee shall pay or agree upon payment to the surface owner, or any person holding under the owner, for all damages or losses (including any loss of the use of all or part of the surface), caused directly or indirectly by operations hereunder, whether to growing crops or buildings, to any person or property, or to other operations.
2. Before a drilling permit application is submitted to the Supervisor of Xxxxx relating to land in which the State of Michigan owns mineral rights only, and as described in this Lease, proof shall be submitted to the Lessor, in writing, that notification to enter the land has been provided to the surface owner and that either voluntary agreement or stipulated settlement relative to surface use and damages has been reached between the Lessee, or the Lessee's authorized agent, and the surface owner or G(3) is invoked.
3. When a mutually satisfactory agreement relative to surface use and damages cannot be reached, either party can inform the Lessor, in writing, that a dispute exists and the Lessor will grant a negotiation period of thirty (30) calendar days in which no drilling or development operations may be conducted by the Lessee. This time period is to allow for the resolution of the dispute. If, at the end of this period, proof of the agreement is not submitted in writing to the Lessor, drilling and development operations will not be prohibited by the Lessor and resolution of the dispute rests solely with the Lessee and the surface owner independent of the Lessor. It is the sole responsibility of the Lessee to ensure that said thirty (30) day negotiation period is completed thirty (30) days prior to the expiration of the primary term or any extensions of this Lease.
SURFACE DAMAGE PAYMENTS. 1. Lessee shall pay or agree upon payment to the Lessor for all damages or losses including any loss of the use of all or part of the surface, caused directly or indirectly by operations hereunder. This may include acquisition of replacement land by the Lessee for facility sites, pipelines or other installations.
2. Authorization to utilize the surface for gas storage facility or well pads shall be granted by a surface use lease or other separate written permission approved by the Lessor. The surface use lease, or other separate written permission, shall specify the terms of use, rental amount, and requirements for abandonment and restoration of the site(s).
SURFACE DAMAGE PAYMENTS. 1. Lessee shall pay or agree upon payment to the surface owner, or any person holding under the owner, for all damages or losses (including any loss of the use of all or part of the surface), caused directly or indirectly by operations hereunder, whether to growing crops, buildings, to any person or property, or to other operations.
2. Before mining operations may be commenced on the land in which the State of Michigan owns mineral rights only, and as described in this lease, proof shall be submitted to the Lessor, in writing, that either voluntary agreement or stipulated settlement relative to surface use and damages has been reached between the Lessee or Lessee’s authorized agent and the surface owner or D3 is invoked.
3. When a mutually satisfactory agreement relative to surface use and damages cannot be reached, either party can inform the Lessor, in writing, that a dispute exists and Lessor will notify both parties and will grant a negotiation period of thirty (30) days in which no mining operations may be conducted by the Lessee. This time period is to allow for the resolution of the dispute. If, at the end of this period proof of the agreement is not submitted in writing to the Lessor, mining operations will not be prohibited by the Lessor and resolution of the dispute rests solely with the Lessee and the surface owner independent of the Lessor.
SURFACE DAMAGE PAYMENTS. Lessee shall pay Lessor an annual payment of Two Hundred Dollars ($200) per acre for all new surface disturbance caused by Lessee on the Fee Lands from Lessee’s activities. Such annual payment shall continue for all surface disturbance not reclaimed until such disturbed lands are reclaimed pursuant to applicable federal or state reclamation standards.
SURFACE DAMAGE PAYMENTS. 1. The Lessee shall pay to Lessor the full amount of any and all damages or losses (including any loss of use of all or part of the surface area of the leased- land), caused directly or indirectly by operations made possible under the terms of this Lease, whether to growing crops or buildings, tree and shrub growth, roads, lanes, parking areas or any other aspect of damage to the surface of the land.
2. When a mutually satisfactory agreement relative to surface damages cannot be reached, there shall then be invoked, by either party, directed in writing to the other party to this Lease, initiating a negotiation period of thirty (30) calendar days, during which no drilling or development operations may be conducted by Lessee. This time period is intended to allow for the resolution of the dispute. If, at the end of this period, proof of the agreement has not been reached by the parties, then the parties shall, during a further sixty (60) day period, seek a negotiated settlement of this surface damage issue by arbitration and/or mediation, without resort to litigation. At the end of that further period, if no such agreement shall then have been reached, then this Lease shall terminate for all purposes, and no part of any consideration paid theretofore by Lessee to Lessor shall be subject to any reimbursement.
