Surface Use. With the exception of Lease provisions, including provisions set forth in recorded addendums to Leases, and agreements listed in Schedule 5.24, there are no surface use agreements to which Grantor is a party covering a portion of the Assets.
Surface Use. (1) Operator shall comply with and be subject to all Applicable Law(s) which govern: waste disposal, storage, treatment, transportation, or management; environmental quality (regardless of the environmental media involved), geologic Storage of Carbon Dioxide, navigation, archeological resources, cemeteries, coastal resource management, and wetlands protection and restoration.
(2) Operator shall conduct operations as a prudent operator using standard industry practices and procedures and proper safeguards, including taking necessary preparations and precautions to prevent and remedy pollution, fire, explosion, and environmental damage to the Property. Operator shall be responsible for all damage to the Property caused by Operator’s or Operator Group’s operations including, but not limited to loss or damage to timber, crops, roads, buildings, fences, bridges, soil, surface and subsurface water, aquifers and vegetation and all environmental damage. This responsibility shall be irrespective of whether such damage is due to Operator’s or Operator Group’s negligence or to the inherent nature of Operator’s or Operator Group's activities or operations. For the avoidance of doubt, this provision applies as to the Parties only and it is not intended to apply to or be for the benefit of any third persons.
(3) Operator shall report all unpermitted and reportable discharges on the Property as required by Applicable Law(s).
(4) Operator shall, at its sole cost and expense, keep and maintain all Improvements and Equipment on the Property utilized, owned, placed and/or caused to be placed by Operator and all Facilities appurtenant to such Improvements and Equipment in good order and repair and in the appropriate condition for the safe conduct of any activities or enterprises conducted on the Property pursuant to the rights granted hereunder, in each case as a prudent operator using standard industry practices and procedures and proper safeguards and in accordance with Applicable Law(s).
Surface Use. (a) AP shall comply with and be subject to all Applicable Law(s) which govern: waste disposal, storage, treatment, transportation, or management; environmental quality (regardless of the environmental media involved), geologic Storage of Carbon Dioxide, navigation, archeological resources, cemeteries, coastal resource management, and wetlands protection and restoration.
(b) AP shall conduct operations as a prudent operator using standard industry practices and procedures and proper safeguards, including taking necessary preparations and precautions to prevent and remedy pollution, fire, explosion, and environmental damage to the Property. AP shall be responsible, unless otherwise limited by La. R.S. 30:1109 and La. R.S. 30:1111(as amended or any successor statutes thereto), for all damage to the Property caused by AP’s or AP Group’s operations including, but not limited to loss or damage to timber, crops, roads, buildings, fences, bridges, soil, surface and subsurface water, aquifers and vegetation and all environmental damage. Unless otherwise provided by La. R.S. 30:1109 and La. R.S. 30:1111, (as amended or any successor statutes thereto), this responsibility shall be irrespective of whether such damage is due to AP’s or AP Group’s negligence or to the inherent nature of AP’s or AP Group's activities or operations. For the avoidance of doubt, this provision applies as to the Parties only and it is not intended to apply to or be for the benefit of any third persons.
(c) AP shall report all unpermitted and reportable discharges on the Property as required by Applicable Law(s).
(d) AP shall, at its sole cost and expense, keep and maintain all Improvements and Equipment on the Property utilized, owned, placed and/or caused to be placed by AP and all Facilities appurtenant to such Improvements and Equipment in good order and repair and in the appropriate condition for the safe conduct of any activities or enterprises conducted on the Property pursuant to the rights granted hereunder, in each case as a prudent operator using standard industry practices and procedures and proper safeguards and in accordance with Applicable Law(s).
Surface Use. 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. Authorization to utilize the surface for a processing 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).
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 B(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 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 Use. As to the leased premises on which Lessor owns the surface estate, the following provisions shall apply:
(a) Lessee shall use its best efforts to minimize surface use and surface disturbance resulting from its operations. If and when Lessee has production facilities, power stations and/or structures above ground of a permanent nature which are used in connection in the production and/or transmission of oil and/or gas, on the lease premises and said facilities lie and are visible within one-half mile of surface development by Lessor or paved road leading thereto, Lessee agrees that it will enter into good faith negotiations with Lessor in order to determine the best way to camouflage said facilities in a way that is both aesthetically pleasing to Lessor while being economically feasible to Lessee. In the event that the parties cannot come up with a mutually acceptable plan, then said dispute shall be submitted to binding arbitration. The arbitrator shall be a retired Federal or State of New Mexico district or appellate judge mutually agreed to by the parties. Arbitration shall be conducted pursuant to the New Mexico Arbitration Act, except to the extent mutually modified by the parties in writing. The hearing shall be held within forty-five (45) days of the appointment of the arbitrator. The arbitrator may award attorney’s fees to the prevailing party and allocate the costs of arbitration as he sees fit. Discovery shall be conducted as provided by the arbitrator, and his decision may be reduced to judgement as provided in the New Mexico Arbitration Act. No act by either party shall constitute a waiver of this agreement to arbitrate. Nothing herein shall prevent any party from applying to a court of competent jurisdiction for equitable relief in the form of injunction or other equitable remedy. This arbitration clause applies only to this paragraph being the camouflaging of facilities.
(b) Prior to commencing drilling operations, Lessee shall select a “Drilling Block” comprised of no more than three sections (640 acres each) and shall select a proposed drillsite within the Drilling Block. Lessee shall submit this information, together with a proposed drillsite within the Drilling Block and access road location to Lessor in writing. Lessor shall have 30 days from date of receipt of the proposal to review the drillsite and road access location and respond to same. If Lessee does not receive a written objection within said 30 days, then the drillsite and access...
Surface Use the right to conduct ranching operations, or sell or otherwise dispose of the surface of the Premises (subject to this Lease) in a lawful manner. Any specific restrictions on the prospective use of the Premises by Lessee, as a result of specific surface needs of the Lessor, may be set forth in an Appendix to this Lease.
Surface Use. Subject to the obligation to pay surface damages as set out in Section 33 of this lease, and to any reservation in favor of LESSOR, LESSEE shall have the right to occupy within the limits of this lease so much of the surface as may be reasonably necessary for the development of leased minerals; and shall have the right of ingress and egress over and across the area embraced herein.
Surface Use. To the extent that Wexpro or the Company owns or controls any rights to the use or enjoyment of the surface of any of the properties that are subject to this Agreement, the party owning or controlling such surface rights will, to the extent that it has the legal right to so do, grant coextensive surface rights to the other party; provided that each party will be fully responsible for its own activities and facilities upon such lands. Whenever such properties are jointly used by the parties, each party will so conduct its activities upon such lands as to interfere as little as practicable with the activities and operations of the other party.
Surface Use. Lessor reserved his interest in the mineral estate of the Property in his transfer and conveyance of the surface estate to the New Mexico State Game Commission in 1967. Lessor agrees to use his best efforts to assist Lessee in obtaining access and rights to use the surface estate in exploiting the Lessor’s mineral estate for the purposes set forth in this Mining Lease; provided, however Lessee shall take the lead in obtaining such access and rights and shall have ultimate responsibility for all dealings with the New Mexico State Game Commission regardless of any assistance obtained from Lessor.
Surface Use. On or before the Effective Date of this Lease, Chesapeake Exploration, L.L.C., an Oklahoma limited liability company (“CELLC”) and Chesapeake Royalty, L.L.C., an Oklahoma limited liability company (“CRLLC”) have executed a Waiver of Surface Rights in the form attached hereto as Exhibit “D” (the “Surface Waiver”). If, during the Term of this Lease, it is determined that any affiliate of Tenant other than CELLC and CRLLC holds any leasehold or ownership interest in the oil, gas or other minerals in and under all or any portion of the Leased Premises (other than this Lease) which would allow such affiliate to access the surface of all or any portion of the Leased Premises, then Tenant shall cause such affiliate to execute a Surface Waiver in form substantially similar to the form attached hereto as Exhibit “D”.
