Common use of SURFACE DAMAGE PAYMENTS Clause in Contracts

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. 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 XxxxxxLessee’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 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. 1. A. Lessee shall pay or agree upon payment to the surface owner, or any person, or governmental agency, 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 timber crops or farm crops, buildings, to any person or property, or to other operations. 2. B. Before mining operations may be commenced on the on the surface of 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 Lessee's authorized agent and the surface owner or F(3) D3 is invoked. 3. C. 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 Lessor 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, 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. Lessee 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 LessorLESSOR, in writing, that either voluntary agreement or stipulated settlement relative to surface use and damages has been reached between the Lessee LESSEE or XxxxxxLESSEE’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 LessorLESSOR, in writing, that a dispute exists and Xxxxxx 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 LesseeLESSEE. 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 LessorLESSOR, mining operations will not be prohibited by the Lessor LESSOR and resolution of the dispute rests solely with the Lessee LESSEE and the surface owner independent of the LessorLESSOR.