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 entering into 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. (Where Lessor is surface owner.) Before drilling has commenced, but after construction of drilling sites and roadways, Lessee shall
SURFACE DAMAGES. 77 In the event Seller is reserving and retaining oil, gas and/or mineral rights/interests as set forth in Paragraph 4(A), then Seller 78 further agrees to convey, assign and/or transfer to Buyer: i) the exclusive right to receive compensation for any and all damages, 79 which include, but are not limited to, pipeline rights-of-way, well pad sites, compressor sites, and standing marketable timber, and
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. Lessee agrees to pay Lessor or any tenants of Lessor, if and as applicable, reasonable compensation for all use of or damage to the surface estate (or any incident of the surface estate) owned by them, which use is made or which damages are incurred in the exercise of the rights granted to Lessee by this Lease. Lessee's obligation to compensate Lessor for such use or damage shall exist whether or not such use or damage is due to the negligence of Lessee, its agents, employees, invitees or independent contractors. Furthermore, Lessee shall pay Lessor damages for lands that are restricted as to their use by setback restrictions around xxxxx, pipelines, tanks, structures, and facilities whether required by the Lessee, the Bureau of Oil or Gas Management, or other governmental body. Damages, if they occur, shall be paid when they occur or when they are discovered.
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.
