SURFACE DAMAGES Sample Clauses
SURFACE DAMAGES. 82 In the event Seller is reserving and retaining oil, gas and/or mineral rights/interests as set forth in Paragraph 4(A), then Seller fur- 83 ther agrees to convey, assign and/or transfer to Buyer: i) the exclusive right to receive compensation for any and all damages, which 84 include, but are not limited to, pipeline rights-of-way, well pad sites, compressor sites, and standing marketable timber, and ii) any and 85 all surface consent or surface remediation rights set forth in the applicable oil, gas, and/or mineral rights lease, pipeline right-of-way 86 agreement or other surface use agreement pertaining to the Property. A copy of the applicable language of the lease is attached to this
SURFACE DAMAGES. Lessee must repair, restore, and pay for all damages resulting from Xxxxxx’s, its representatives’, agents’, subcontractors’, designees’, assigns’, and successors’ activities under this Lease, including without limitation damages to real and personal property, water xxxxx, improvements, livestock, and crops on the Leased Premises or adjacent lands owned or controlled by Lessor, regardless of the cause of such damage, pursuant to the then-current Rate and Damage Schedule. Lessee acknowledges that the cost of such repairs or damages contemplated by this Section or any other provision of this Lease requiring restoration or repair may exceed the fair market value of the property damaged, and the cost of such damages and repairs will not be limited by fair market value. By executing this Lease, Xxxxxx agrees to promptly complete all required or requested repairs and restorations, and no release, forfeiture, or termination of this Lease will relieve Lessee from its obligations under this Lease or pursuant to applicable law, including the obligation to plug all xxxxx and clean and restore the Leased Premises.
SURFACE DAMAGES. 82 In the event Seller is reserving and retaining oil, gas and/or mineral rights/interests as set forth in Paragraph 4(A), then Seller fur- 83 ther agrees to convey, assign and/or transfer to Buyer: i) the exclusive right to receive compensation for any and all damages, which 85 all surface consent or surface remediation rights set forth in the applicable oil, gas, and/or mineral rights lease, pipeline right-of-way 86 agreement or other surface use agreement pertaining to the Property. A copy of the applicable language of the lease is attached to this ______
SURFACE DAMAGES. LESSOR hereby expressly reserves the right to receive and retain any monies paid for the right of exploring and prospecting for minerals and mineral indications on the subject property. It is expressly understood that LESSSEE SHALL NOT receive any monies for rentals or damages to the above-described property, including but not limited to seismic damages, well site location damages, and pipeline right-of-way damages, and that any money paid by reason of any geophysical operations in, on or under the land described herein shall be paid to LESSOR.
SURFACE DAMAGES. Developer must repair, restore, and pay for all damages resulting from Developer’s, its Representatives’, assigns’, and successors’ activities under this Agreement, including without limitation damages to real and personal property, Water xxxxx, improvements, livestock, and crops on the Subject Lands or adjacent lands owned or controlled by University Lands, regardless of the cause of such damage, pursuant to the then-current Rate and Damage Schedule. Developer acknowledges that the cost of such repairs or damages contemplated by this Article or any other provision of this Agreement requiring restoration or repair may exceed the fair market value of the property damaged, and the cost of such damages and repairs shall not be limited by fair market value. By entering into this Agreement, Xxxxxxxxx agrees to promptly complete all required or requested repairs and restorations, and no release or termination of this Agreement shall relieve Developer from its obligations under this Agreement or pursuant to applicable law, including the obligation to plug all xxxxx and clean and restore the Subject Lands.
SURFACE DAMAGES. Payments made by LESSEE to the owner of the soil under this lease and acceptance of the payments by the owner of the soil are in place of all damages to the soil, as provided in §53.066, Natural Resources Code.
SURFACE DAMAGES. Lessee shall pay the Surface Owner of the property covered hereby for all reasonable damages caused by its operations hereunder, including but not limited to damages to land, pastures, crops, fences, fresh water and water xxxxx, buildings, roads, and any other physical structures located on the herein Leased Premises.
SURFACE DAMAGES. Lessee, its lessees, successors or assigns shall pay to Owner as damages caused by permanent roads, buildings, plant sites, preparation facilities, mining dumps, waste and production facilities, open pits and similar permanent ground covering facilities, a one-time payment of one hundred twenty five percent (125%) of the Fair Market Value for ranching purposes of each acre of the Leased Premises so damaged, which payment as to each such Leased Premises is to be made at the time a portion of the Leased Premises is utilized for a facility. If the Owner and Lessee are unable to agree upon such Fair Market Value for ranching purposes within thirty (30) days, then at such time each party shall appoint an appraiser to determine the Fair Market Value. If the amounts so determined by the two (2) appraisers are within ten percent (10%) of each other, then the Fair Market Value shall be the average of the two (2). If the difference is more than ten percent (10%), then the two (2) appraisers shall appoint a third appraiser and the Fair Market Value shall be deemed to be the average amount so determined by the third appraiser and the amount which is closest thereto, as determined by the first two (2) appraisers. Each party shall pay the cost and expenses of the appraiser appointed by that party and one-half (½) of the cost and expenses of the third appraiser. The term “Fair Market Value” shall mean the then current value for ranching purposes of equivalent land in the vicinity, assuming that Lessee had conducted no exploration, mining, development or processing on the Leased Premises. Owner shall convey by deed, at the time of payment, that portion of the Leased Premises designated as permanently damaged and Lessee shall reimburse Owner for costs incurred in compliance with any state or local subdivision map requirements. At such time as Lessee has no further use for the damaged portion for its operations, Lessee will offer to reconvey the damaged portion to Owner for a total consideration of One Hundred Dollars ($100.00). If Owner does not accept the offer within thirty (30) days, ownership of the damaged portion will remain in Lessee to dispose of it as it wishes. Lessee shall pay for destruction of Owner’s crops and timber and to pay for or repair damage to, or at Owner’s election replace, Owner’s fences or permanent improvements on the Leased Premises which destruction or damage is incurred in the course of Lessee’s operations on the Leased Premises.
SURFACE DAMAGES. A. If xxxxxx is involved in litigation with any other persons or entities for damages connected with their leased trust land, lessee must notify the commissioner as soon as practicable. This notice requirement does not apply to any litigation involving only the lessee’s personal or real property.
B. The notice must be in writing, describe the litigation, and give the case name and court docket number; and the notice must be mailed by certified mail to the Commissioner of Public Lands, Office of General Counsel , P.O. Box 1148, Santa Fe, New Mexico 87504.
C. The commissioner will decide within thirty (30) days after receiving the notice whether to participate in the litigation. If the commissioner decides to participate, xxxxxx will not oppose the commissioner’s participation in the litigation; but xxxxxx can choose to oppose or support the commissioner’s claims in the litigation. No response from the commissioner within thirty (30) days shall be deemed a decision not to participate. The commissioner’s non-participation shall not be a waiver of any claim regarding damages to the trust lands. [3/11/81, 1/20/84, 9/30/85, 10/4/88, 12/1/92, 6/29/96; 19.2.8.21 NMAC - Rn, 19 NMAC 3 SLO 8.21, 09/30/02; 19.2.8.21 NMAC - N, 04/15/10] [19.2.8.21] 19.2.8.22 SCHEDULE OF FEES FOR STATE LAND OFFICE RULE RELATING TO AGRICULTURAL LEASES:
A. Each of the following documents shall be accompanied by the appropriate fee as indicated below in order to be accepted for filing. Filing fees are service charges to cover the costs associated with handling the documents and no refunds thereof shall be made. Upon the commissioner's determination that a fee amount set forth below does not cover the costs associated with providing the filing service, the commissioner may change the fee amount without notice of rule amendment or compliance with the rule making procedures established by state land office rule.
(1) Lease application: $50.00
(2) Relinquishment: $50.00
(3) Lease assignment: $50.00
(4) Collateral assignment: $70.00
(5) Release of collateral assignment: $50.00
(6) Miscellaneous instruments, e.g., to effect lease transfer on death of lessee: $10.00
(7) Application to make improvements: $30.00
(8) Application to convert land from one permitted use to another: $50.00
B. Copies of records, plats, maps and other public information on file with the state land office and their certification as true copies may be obtained at cost.
C. Minimum annual rental for any land leased under an ag...
SURFACE DAMAGES. Prior to conducting any operations on the Farmout Lands, Farmee shall make satisfactory arrangements with the owner of the surface of the well location for the payment of surface damages and to secure all necessary easements relating to access to the well. Any well drilled pursuant to this Agreement which is no longer capable of producing oil and/or gas shall be plugged and abandoned by Farmee as soon as practicable. Upon plugging and abandonment, Farmee shall restore the surface to its cond ition on the date of this Agreement as nearly as reasonably practicable. All plugging and abandonment operations shall be conducted in accordance with any applicable provisions of the leases so occupied and in compliance with the requirements of all governmental agencies having jurisdiction.