Common use of SURFACE OPERATIONS Clause in Contracts

SURFACE OPERATIONS. (a) Promptly following Lessor's notice to do so, Lessee shall adequately fence or otherwise prevent access to all of Lessee's drill sites on the Lands against Lessor's livestock if any shall then be kept upon the Lands. No well shall be drilled within three hundred feet (300') of any residence or other building now on the Lands without the prior written consent of the owner thereof. Lessee shall be responsible for damages to growing crops caused by its operations on the Lands; such payments are to be based upon the fair market value of such crops at the time of such damages. (b) Lessee agrees to use reasonable care at all times in all of Lessee's operations on the Lands. to prevent injury or damage to cattle, livestock, buildings, water diversion works, ditches, tanks and water xxxxx or other property of the Lessor located thereon; and Lessee agrees to repair, mitigate or pay the Lessor for all damages to the surface of the Lands and to the cattle, crops, buildings, livestock, fences, water diversions, ditches, tanks, water, water xxxxx and, without limitation, all other property of the Lessor situated on the surface of the Lands resulting from Lessee's operations on the Lands. (c) No well products or surface materials or refuse of any kind shall be allowed to deposit upon, pass into or otherwise enter or degrade or pollute the waters or the water supply of Lessor or others. All drilling fluids, well products and other substances, the spillage of which would contaminate or otherwise adversely affect the productivity of any portion of the Lands not actually occupied or used by Lessee or which would adversely affect the waters or the water supply of Lessor or others shall be removed by Lessee in such manner and to such place or places as to insure that such contamination or adverse effect does not occur. (d) Prior to the commencement of any operations on the Lands, Lessee shall inform Lessor of the commencement of such operations (either orally, under the notice provisions hereof or otherwise) with the approximate date of such commencement and the location of same; such notice to be given within a reasonable time prior to the commencement of such operations. (e) Lessee shall not be liable to Lessor for damages to any geothermal resources reservoir underlying the Lands or for the loss of Substances therein or therefrom or from any subsidence or surface damages resulting from its operations hereunder unless such damage or loss is caused by Lessee's negligence or willful misconduct.

SURFACE OPERATIONS. (a) Promptly following Lessor's notice to do so, Lessee shall adequately fence or otherwise prevent access to all of Lessee's drill sites on the Lands against Lessor's livestock if any shall then be kept upon the Lands. No well shall be drilled within three hundred one thousand (1,000) feet (300') of any residence residence, structure, or other building now on the Lands Property, without the prior written consent of the owner thereof. . (b) Lessee shall be responsible pay Lessor for any damages to growing agricultural produce, products, commodities or crops and any and all other surface improvements caused by its operations on the Lands; such Property. Such payments are to shall be based upon the fair market value of such produce, products, commodities, crops or improvements at the time of such damagesdamage occurs. (bc) Lessee agrees In the event any buildings and/or personal property shall be damaged, destroyed, or required to use reasonable care at all times in all be removed because of Lessee's operations on the Lands. to prevent injury or damage to cattleProperty, livestock, buildings, water diversion works, ditches, tanks and water xxxxx or other property Lessee shall be liable for payment of the reasonable replacement value thereof to the owner. (d) Upon completion of any well drilled on the Land, Lessee shall level and fill all sump holes and excavations, shall remove all debris, and shall maintain the location of such well in a clean and sanitary condition. (e) Lessee in its operations on the Property shall at any and all times give due and proper regard for the rights, convenience, and health, welfare and safety of Lessor located thereon; and all persons lawfully occupying the Property. (f) Lessee agrees to repairfencing, mitigate or pay the Lessor for and marking with appropriate signage, all damages to the surface of the Lands permanent facilities, such as individual xxxxx, and to the cattleprovide temporary fencing during construction, crops, buildings, livestock, fences, water diversions, ditches, tanks, water, water xxxxx and, without limitation, around all other property areas of the Lessor situated on the surface of the Lands resulting from Lessee's operations on the Landsoperation. (cg) No well products or surface materials or refuse Upon abandonment of any kind uncompleted or completed well and upon termination of this Agreement, Lessee shall be allowed to deposit uponlevel and fill all sump holes and excavations and shall remove all debris and leave the location of each such well in a clean and sanitary condition, pass into or otherwise enter or degrade or pollute the waters or the water supply of Lessor or others. All drilling fluidsand further, well products and other substancesif requested, in writing, by Lessor, the spillage of which would contaminate or otherwise adversely affect the productivity of any portion owner of the Lands not actually occupied surface area, or used by any governmental agency with authority to require such action, Lessee or which would adversely affect the waters or the water supply of Lessor or others shall be removed by Lessee cement in and plug each such well in such manner and to such place or places extent as to insure that such contamination or adverse effect does not occuragainst any discharge from the same. (dh) Prior Any xxxxx drilled by Lessee hereunder shall be drilled in a manner so as not to the commencement of materially affect any operations on the Lands, Lessee shall inform Lessor existing well of the commencement surface owner of the Property and sufficient casing shall be set and cemented in such operations (either orally, under the notice provisions hereof or otherwise) with the approximate date of such commencement xxxxx drilled by Lessee so as to seal off and the location of same; such notice to be given within a reasonable time prior to the commencement of such operationsprotect surface waters. (ei) Lessee agrees to conduct all operations hereunder with reasonable diligence and in accordance with prudent geothermal industry operating practices, including, but not limited to, the operational standards and specifications of the Federal Bureau of Land Management, the California Department of Oil, Gas, and Geothermal Resources, and the applicable California Regional Water Quality Control Board. Lessee shall be liable to Lessor and shall indemnify Lessor for subsidence or surface damages resulting from its operations hereunder, provided that Lessee shall not be liable to Lessor for damages damage to any geothermal resources reservoir underlying the Lands or for the loss of Substances therein or therefrom or from any subsidence or surface damages resulting from its operations hereunder subsurface structures unless such damage or loss is caused by LesseeLessor's gross negligence or willful misconduct. (j) Notwithstanding the foregoing, Lessor reserves the right to use this Property for agricultural, ranch, grazing, housing, or other related purpose, or to lease the surface Property and grant easements and licenses on over and across such property to other persons for any purpose and, except as set forth below, any income derived by the Lessor therefrom shall belong entirely to the Lessor, provided however that such use does not include any geothermal development or installation of any facilities related to geothermal development or commercial generation of electricity, and provided that Lessor's activities preserve the existing commercial productivity and environmental integrity of the Property, and provided further that the Lessor's activities do not negatively affect the viability of the Resources in any matter whatsoever or materially impair, delay or increase the cost of the activities of the Lessee hereunder. Lessor agrees to provide to Lessee a copy of any lease agreement entered into between Lessor and any surface tenant regarding the lease of any portion of the Property subject to this Agreement. Lessor agrees to provide any surface tenants with the portions of this Agreement applicable to surface rights, and to notify such surface tenants that their rights are subordinate to the rights of the Lessee hereunder. (k) Lessee agrees to use its good faith efforts to conduct its activities and operations on the Property in a manner that minimizes the impact thereof on Lessor 's activities and operations on the Property, including Lessor's agricultural activities in the manner being currently conducted.

SURFACE OPERATIONS. (a) Promptly following Lessor's notice Prior to do so, Lessee shall adequately fence or otherwise prevent access to all of Lessee's drill sites on the Lands against Lessor's livestock if any shall then be kept upon the Lands. No well shall be drilled within three hundred feet (300') commencement of any residence or other building now on the Lands without the prior written consent of the owner thereof. Lessee shall be responsible for damages to growing crops caused by its operations on the Lands, Lessee shall inform Lessor of the commencement of such operations (under the notice provisions hereof, or otherwise) with the approximate date of such commencement and the location of same; such payments are notice to be based upon given within a reasonable time prior to the fair market value commencement of such crops at the time of such damagesoperations. (b) The Lessee shall complete a baseline measurement of the water level and flow of the springs on the Lands prior to commencement of production drilling operations and provide a written copy of the data to the Lessors. (c) Lessee agrees to enter into a separate agreement with the surface landowner to use reasonable care at all times in all of Lessee's operations on the Lands. Lands to prevent injury or damage to cattle, livestock, buildings, water diversion works, ditches, tanks and water xxxxx or other property of the Lessor surface landowner located thereon; and Lessee agrees to repair, mitigate or pay the Lessor surface landowner for all damages to the surface of the Lands and to the cattle, crops, buildings, livestock, fences, water diversions, ditches, tanks, water, water xxxxx and, without limitation, all other property of the Lessor surface landowner situated on the surface of the Lands resulting from Lessee's operations on the Lands. Lessee agrees to defend and hold harmless the Lessor from any costs or liabilities incurred as a result of a dispute with the surface landowner arising from the actions of the Lessee. (cd) No well products or surface materials or refuse of any kind shall be allowed to deposit upon, pass into or otherwise enter or degrade or pollute the waters or the water supply of Lessor landowner or others. All drilling fluids, well products and other substances, the spillage of which would contaminate or otherwise adversely affect the productivity of any portion of the Lands not actually occupied or used by Lessee Lessee, or which would adversely affect the waters or the water supply of Lessor the surface landowner or others others, shall be removed by Lessee in such manner and to such place or places as to insure that such contamination or adverse effect does not occur. (d) Prior to the commencement of any operations on the Lands, Lessee shall inform Lessor of the commencement of such operations (either orally, under the notice provisions hereof or otherwise) with the approximate date of such commencement and the location of same; such notice to be given within a reasonable time prior to the commencement of such operations. (e) Lessee shall not be liable to Lessor for damages to any geothermal resources reservoir underlying the Lands or for the loss of Substances therein or therefrom or from any subsidence or surface damages resulting from its operations hereunder unless such damage or loss is caused by Lessee's negligence or willful misconductfailure to operate in accordance with the requirements in Section 11.

SURFACE OPERATIONS. (a) Promptly following Lessor's notice to do so, Lessee shall adequately fence or otherwise prevent access to all of Lessee's drill sites on the Lands against Lessor's livestock if any shall then be kept upon the Lands. No well shall be drilled within three hundred one thousand feet (300I ,000') of any residence residence, structure, or other building now on the Lands Property, without the prior written consent of the owner thereof. . (b) Lessee shall be responsible pay Surface Lessors for any damages to growing agricultural produce, products, commodities or crops and any and all other surface improvements caused by its operations on the Lands; such Property. Such payments are to be based upon the fair market value of such produce, products, commodities, or crops or improvements at the time of such damagesdamage occurs. (bc) Lessee agrees In the event any buildings and /or personal property shall be damaged, destroyed, or required to use reasonable care at all times in all be removed because of Lessee's operations on the Lands. to prevent injury or damage to cattleProperty, livestock, buildings, water diversion works, ditches, tanks and water xxxxx or other property Lessee shall be liable for payment of the Lessor located thereon; reasonable replacement value thereof to the owner. (d) Upon completion of any well drilled on the Land, Lessee shall level and fill all sump holes and excavations and shall remove all debris and shall maintain the location of such well in a clean and sanitary condition. (e) Lessee in its operations on the Property shall at any and all times give due and proper regard for the rights, convenience, and health, welfare and safety of Lessors and all persons lawfully occupying the Property. (f) Lessee agrees to repairfencing, mitigate or pay the Lessor for and marking with appropriate signage, all damages to the surface of the Lands permanent facilities, such as individual xxxxx, and to the cattleprovide temporary fencing during construction, crops, buildings, livestock, fences, water diversions, ditches, tanks, water, water xxxxx and, without limitation, around all other property areas of the Lessor situated on the surface of the Lands resulting from Lessee's operations on the Landsoperation. (cg) No well products or surface materials or refuse Upon abandonment of any kind uncompleted or completed well and upon termination of this Agreement, Lessee shall be allowed to deposit uponlevel and fill all sump holes and excavations and remove all debris and leave the location of each such well in a clean and sanitary condition, pass into or otherwise enter or degrade or pollute the waters or the water supply of Lessor or others. All drilling fluidsand further, well products and other substancesif requested in writing by Lessors, the spillage of which would contaminate or otherwise adversely affect the productivity of any portion owner of the Lands not actually occupied surface area, or used by any governmental agency with authority to require such action, Lessee or which would adversely affect the waters or the water supply of Lessor or others shall be removed by Lessee cement in and plug each such well in such manner and to such place or places extent as to insure that such contamination or adverse effect does not occuragainst any discharge from the same. (dh) Prior Any xxxxx drilled by Lessee hereunder shall be drilled in a manner so as not to the commencement of materially affect any operations on the Lands, Lessee shall inform Lessor existing well of the commencement surface owner of the Property and sufficient casing shall be set and cemented in such operations (either orally, under the notice provisions hereof or otherwise) with the approximate date of such commencement xxxxx drilled by Lessee so as to seal off and the location of same; such notice to be given within a reasonable time prior to the commencement of such operationsprotect surface waters. (ei) Lessee agrees to conduct all operations hereunder with reasonable diligence and in accordance with prudent geothermal industry operating practices, including, but not limited to, the operational standards and specifications of the Federal Bureau of Land Management, the California Department of Oil, Gas, and Geothermal Resources, and the applicable California Regional Water Quality Control Board. Lessee shall not be liable to Lessor Lessors and shall indemnify Lessors for damages to any geothermal resources reservoir underlying the Lands or for the loss of Substances therein or therefrom or from any subsidence or surface damages resulting from its operations hereunder hereunder, provided that Lessee shall not be liable to Lessors for damage to subsurface structures unless such damage or loss is caused by Lessee's Lessors gross negligence or willful misconduct. (j) Notwithstanding the foregoing, Surface Lessors reserve the right to use this Property for agricultural, ranch, grazing, housing, or other related purpose, or to lease the surface Property and grant easements and licenses on over and across such property to other persons for any purpose and, except as set forth below, any income derived by the Surface Lessors therefrom shall belong entirely to the Surface Lessors, provided however that such use does not include any geothermal development or installation of any facilities related to geothermal development or commercial generation of electricity, and provided that Surface Lessors' activities preserve the existing commercial productivity and environmental integrity of the Property, and provided further that the Surface Lessors' activities do not negatively affect the viability of the Resources in any matter whatsoever or materially impair, delay or increase the cost of the activities of the Lessee hereunder. Lessors agree to provide Lessee with a copy of any lease agreement entered into between Lessors and any surface tenant regarding the lease of any portion of the Property subject to this Agreement. Surface Lessors agree to provide any surface tenants with the portions of this Agreement applicable to surface rights, and to notify surface tenants that their rights are subordinate to the rights of the Lessee hereunder. (k) Lessee agrees to use its good faith efforts to conduct its activities and operations on the Property in a manner that minimizes the impact thereof on Lessors activities and operations on the Property, including Lessors's agricultural activities in the manner being currently conducted.

SURFACE OPERATIONS. (a) Promptly following Lessor's notice to do so, Lessee shall adequately fence or otherwise prevent access to all of Lessee's drill sites on the Lands against Lessor's livestock if any shall then be kept upon the Lands. No well shall be drilled within three seven hundred fifty feet (300750') of any residence or other building now on overlying the Lands Property without the prior written consent of the owner thereof. Lessee shall be responsible pay for any damages to growing crops or other surface improvements caused by its operations on overlying the LandsProperty to the owner thereof; such payments are to be based upon the fair market value of such crops or improvements at the time such damage occurs. In the event any buildings or personal property shall be damaged, destroyed or required to be removed because of Lessee's operations overlying the Property, Lessee shall be liable for payment of the reasonable value thereof. Upon completion of any well drilled on the Land, Lessee shall level and fill all sump holes and excavations and shall remove all debris and shall leave the location of such damageswell in a clean and sanitary condition. Lessee in its operations overlying the Property shall at all times have due and proper regard for the rights and convenience and the health, welfare and safety of Lessor and all persons lawfully occupying the Property and the overlying surface interest. Lessee agrees to fencing, and marking with appropriate signage, all permanent facilities, such as individual xxxxx, and to provide temporary fencing during construction, around all areas of operation. Upon abandonment of any uncompleted or completed well and upon termination of this Lease, Lessee shall level and fill all sump holes and excavations and remove all debris and leave the location of each such well in a clean and sanitary condition, and further, if required by law or requested in writing by Lessor, the owner of the surface area, or any governmental agency with authority to require such action, Lessee shall cement in and plug each such well in such manner and to such extent as to insure against any discharge from the same. Any xxxxx drilled by Lessee hereunder shall be drilled in a manner so as not to materially affect any existing well of the surface owner of the Property and sufficient casing shall be set and cemented in such xxxxx drilled by Lessee so as to seal off and protect surface waters. (b) Lessee agrees to use conduct all operations hereunder with reasonable care at all times diligence and in all accordance with prudent geothermal industry operating practices, including, but not limited to, the operational standards and specifications of Lessee's operations the United States Department of the Interior, Bureau of Land Management, the California Department of Oil and Gas and the applicable California Regional Water Quality Control Board; provided however, so long as Lessee relies in good faith on the Lands. to prevent injury recommendations one or damage to cattlemore reputable geologists or geothermal reservoir engineers, livestock, buildings, water diversion works, ditches, tanks and water xxxxx or other property of the Lessor located thereon; and Lessee agrees to repair, mitigate or pay the Lessor for all damages to the surface of the Lands and to the cattle, crops, buildings, livestock, fences, water diversions, ditches, tanks, water, water xxxxx and, without limitation, all other property of the Lessor situated on the surface of the Lands resulting from Lessee's operations on the Lands. (c) No well products or surface materials or refuse of any kind shall be allowed to deposit upon, pass into or otherwise enter or degrade or pollute the waters or the water supply of Lessor or others. All drilling fluids, well products and other substances, the spillage of which would contaminate or otherwise adversely affect the productivity of any portion of the Lands not actually occupied or used by Lessee or which would adversely affect the waters or the water supply of Lessor or others shall be removed by Lessee in such manner and to such place or places as to insure that such contamination or adverse effect does not occur. (d) Prior to the commencement of any operations on the Lands, Lessee shall inform Lessor of the commencement of such operations (either orally, under the notice provisions hereof or otherwise) with the approximate date of such commencement and the location of same; such notice to be given within a reasonable time prior to the commencement of such operations. (e) Lessee shall not be liable to Lessor for damages to any geothermal resources reservoir underlying the Lands Property or for the loss of Substances Resources therein or therefrom or from any subsidence or surface damages resulting from its operations hereunder unless such damage or loss is caused by Lessee's gross negligence or willful misconduct.

SURFACE OPERATIONS. (a) Promptly following Lessor's notice to do so, Lessee shall adequately fence or otherwise prevent access to all not perform any activity, including the drilling of Lessee's drill sites on the Lands against Lessor's livestock if any shall then be kept upon the Lands. No well shall be drilled xxxxx, (i) within three hundred one thousand feet (3001,000') of any residence residence, structure, or other building now on buildings or improvements, (ii) or which interfere with the Lands use of the Property by Lessor, without the prior written consent of Lessor however that such consent shall not be unreasonably withheld. In no event shall such activity interfere with any rights of record held by any third parties, unless Lessee is able to obtain such third parties' prior written consent. (b) Lessor may build any improvements on the owner thereof. Property provided Lessor gives Lessee written notice and Lessor's improvements do not directly interfere with Lessee's activity on the Property existing at the time of Lessor's notice. (c) Lessee shall be responsible pay Lessor for any damages to growing agricultural produce, products, commodities or crops and any and all other surface improvements caused by its operations on the Lands; such Property or adjacent to the Property. Such payments are to be based upon the fair market value of such produce, products, commodities, or crops or improvements at the time of such damagesdamage occurs. However, if damage to agricultural produce, products, commodities or crops and any and all other surface improvements are permanent or substantially impair future use by Lessor, Lessee shall pay Lessor (i) the fair market value, as previously stated in this Section, and (ii) the purchase price for the impacted Property as outlined in Sections 1(j) & (l) above. (bd) Lessee agrees In the event any buildings and/or personal property shall be damaged, destroyed, or required to use reasonable care at all times in all be removed because of Lessee's operations on the Lands. to prevent injury or damage to cattleProperty, livestock, buildings, water diversion works, ditches, tanks and water xxxxx or other property Lessee shall be liable for payment of the replacement value thereof to Lessor. (e) Upon completion of any well drilled on the Land, Lessee shall level and fill all sump holes and excavations and shall remove all debris and shall maintain the location of such well in a clean and sanitary condition. (f) Lessee in its operations on the Property shall at any and all times give due and proper regard for the rights, convenience, and health, welfare and safety of Lessor located thereon; and all persons occupying or using the Property. (g) Lessee agrees to repairfencing and marking with appropriate signage, mitigate or pay the Lessor for all damages to the surface of the Lands permanent facilities, such as individual xxxxx, and to the cattle, crops, buildings, livestock, fences, water diversions, ditches, tanks, water, water xxxxx and, without limitation, provide temporary fencing during construction and around all other property areas of the Lessor situated on the surface of the Lands resulting from Lessee's operations on the Landsoperation. (ch) No well products or surface materials or refuse Upon abandonment of any kind uncompleted or completed well and upon termination of this Agreement, Lessee shall be allowed level and fill all sump holes and excavations and remove all debris and leave the location of each such well in a clean and sanitary condition, and further, if requested in writing by Lessor, or any governmental agency with authority to deposit uponrequire such action, pass into or otherwise enter or degrade or pollute the waters or the water supply of Lessor or others. All drilling fluids, Lessee shall cement in and plug each such well products and other substances, the spillage of which would contaminate or otherwise adversely affect the productivity of any portion of the Lands not actually occupied or used by Lessee or which would adversely affect the waters or the water supply of Lessor or others shall be removed by Lessee in such manner and to such place or places extent as to insure that such contamination or adverse effect does not occuragainst any discharge from the same. (di) Prior Any xxxxx drilled by Lessee hereunder shall be drilled in a manner so as not to the commencement materially affect any existing well of any operations on the Lands, Lessor and sufficient casing shall be set and cemented in such xxxxx drilled by Lessee shall inform Lessor of the commencement of such operations (either orally, under the notice provisions hereof or otherwise) with the approximate date of such commencement so as to seal off and the location of same; such notice to be given within a reasonable time prior to the commencement of such operationsprotect surface waters. (ej) Lessee agrees to conduct all operations hereunder with reasonable diligence and in accordance with prudent geothermal industry operating practices, including, but not limited to, the operational standards and specifications of the Federal Bureau of Land Management, the California Department of Oil, Gas, and Geothermal Resources, and the applicable California Regional Water Quality Control Board. Lessee shall be liable to Lessor and shall indemnify Lessor for subsidence or surface damages resulting from its operations hereunder, provided that Lessee shall not be liable to Lessor for damages damage to any geothermal resources reservoir underlying the Lands or for the loss of Substances therein or therefrom or from any subsidence or surface damages resulting from its operations hereunder unless subsurface structures if such damage or loss is solely caused by LesseeLessor's gross negligence or willful misconduct. (k) Notwithstanding the foregoing provisions of this Agreement, Lessor reserves the right to use the Property for agricultural, aquaculture, grazing, housing, and other commercial and/or recreational purposes. Lessor further reserves the right to lease the surface of the Property and grant easements and licenses on, over and across the Property to other persons for any purpose which does not materially interfere with Lessee’s use and enjoyment of the rights granted under this Agreement, or the productivity of the Resources, and any income derived by Lessor therefrom shall belong entirely to the Lessor. In addition, Lessor hereby agrees to indemnify and hold Lessee harmless from any damage to facilities or personnel as a result of Lessor's or its invitees use of the Property. (l) Lessee agrees to use its good faith efforts to conduct its activities and operations on the Property in a manner that minimizes the impact thereof on Lessor activities and operations on the Property, including Lessor's agricultural activities in the manner currently being conducted. (m) Lessor shall apply to the Imperial County to place all qualifying Property, as determined by Imperial County, into the Xxxxxxxxxx Act. Lessor shall pay all fees associated with the application and placement of qualifying Property into the Xxxxxxxxxx Act. In addition to compensation discussed in this Agreement related to the purchase of all or a portion of the Property, Lessee shall be solely responsible for all fees and penalties associated with getting all or the portion of Property out of the Xxxxxxxxxx Act or for the disqualification of the Xxxxxxxxxx Act status due to Lessee's activities on the Property, which includes, but is not limited to, application fees to the Board of Supervisors, attorneys' fees and penalty fees. Additionally, Lessee shall be solely responsible for all fees and penalties

SURFACE OPERATIONS. (a) Promptly following Lessor's notice Prior to do so, Lessee shall adequately fence or otherwise prevent access to all of Lessee's drill sites on the Lands against Lessor's livestock if any shall then be kept upon the Lands. No well shall be drilled within three hundred feet (300') commencement of any residence or other building now on the Lands without the prior written consent of the owner thereof. Lessee shall be responsible for damages to growing crops caused by its operations on the Lands, Lessee shall inform Lessor of the commencement of such operations (under the notice provisions hereof, or otherwise) with the approximate date of such commencement and the location of same; such payments are notice to be based upon given within a reasonable time prior to the fair market value commencement of such crops at the time of such damagesoperations. (b) The Lessee shall complete a baseline measurement of the water level and flow of the springs on the Lands prior to commencement of production drilling operations. (c) Lessee agrees to enter into a separate agreement with the surface landowner to use reasonable care at all times in all of Lessee's operations on the Lands. Lands to prevent injury or damage to cattle, livestock, buildings, water diversion works, ditches, tanks and water xxxxx or other property of the Lessor surface landowner located thereon; and Lessee agrees to repair, mitigate or pay the Lessor surface landowner for all damages to the surface of the Lands and to the cattle, crops, buildings, livestock, fences, water diversions, ditches, tanks, water, water xxxxx and, without limitation, all other property of the Lessor surface landowner situated on the surface of the Lands resulting from Lessee's operations on the Lands. Lessee agrees to defend and hold harmless the Lessor from any costs or liabilities incurred as a result of a dispute with the surface landowner arising from the actions of the Lessee. (cd) No well products or surface materials or refuse of any kind shall be allowed to deposit upon, pass into or otherwise enter or degrade or pollute the waters or the water supply of Lessor landowner or others. All drilling fluids, well products and other substances, the spillage of which would contaminate or otherwise adversely affect the productivity of any portion of the Lands not actually occupied or used by Lessee Lands, or which would adversely affect the waters or the water supply of Lessor the surface landowner or others others, shall be removed by Lessee in such manner and to such place or places as to insure that such contamination or adverse effect does not occur. (d) Prior to the commencement of any operations on the Lands, Lessee shall inform Lessor of the commencement of such operations (either orally, under the notice provisions hereof or otherwise) with the approximate date of such commencement and the location of same; such notice to be given within a reasonable time prior to the commencement of such operations. (e) Lessee shall not be liable to Lessor for damages to any geothermal resources reservoir underlying the Lands or for the loss of Substances therein or therefrom or from any subsidence or surface damages resulting from its operations hereunder unless such damage or loss is caused by Lessee's negligence or willful misconduct.