SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO
SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER.
SURFACE USE AGREEMENT. With respect to the Owned Real Property located at Columbus, Mississippi, Seller and Purchaser shall negotiate in good faith to, as promptly as practicable after the date of this Agreement, but in any event prior to Closing, a customary form of surface use agreement with respect to the exploitation of such interests by Seller (or its lessees or assigns) in a form reasonably approved by Seller and Purchaser.
SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING XXXXX, REWORKING OF CURRENT XXXXX, AND GAS GATHERING AND PROCESSING FACILITIES. ADDITIONAL INFORMATION. PURCHASER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL AND GAS CONSERVATION COMMISSION.
SURFACE USE AGREEMENT. NRG and TWCC agree that the Surface Use Agreement by and between Houston Lighting & Power Company, now NRG and Northwestern Resources Co., now TWCC, dated February 12, 1998 and recorded in Volume 987, Page 803, of the Deed Records of Freestone County (the “Surface Use Agreement”) continues to be in full force and effect unless terminated by the provisions contained therein.
SURFACE USE AGREEMENT. Xxxxx shall use commercially reasonable efforts to obtain the consent to the assignment of the Surface Use Agreement to the Buyer or the Buyer Subsidiary prior to the Closing. If such consent is not obtained by the Closing Time and the Closing occurs, then from and after the Closing Time:
(a) the Surface Use Agreement will be deemed not to have been assigned by Xxxxx to the Buyer or the Buyer Subsidiary under this Agreement;
(b) Xxxxx shall hold the Surface Use Agreement in trust for the exclusive benefit of the Buyer;
(c) Xxxxx shall, at the request and expense and under the direction of the Buyer, acting reasonably, do all things or cause all things to be done that the Buyer, acting reasonably, considers necessary or desirable to perform the obligations of Xxxxx under the Surface Use Agreement so as to preserve the value of Xxxxx’x rights thereunder and ensure that any amounts receivable under the Surface Use Agreement will be received by the Buyer;
(d) Xxxxx shall promptly pay over to the Buyer any amounts collected by Xxxxx under the Surface Use Agreement;
(e) the Buyer shall promptly pay all amounts payable under the Surface Use Agreement or, if any such amount is paid by Xxxxx, shall promptly reimburse Xxxxx for any amount so paid;
(f) Xxxxx, the Buyer and the Buyer Subsidiary shall make commercially reasonable efforts and cooperate with each other in good faith to obtain the consent to the assignment of the Surface Use Agreement to the Buyer or the Buyer Subsidiary; and
(g) if Xxxxx obtains the necessary consent under the Surface Use Agreement then, effective as of the date the Buyer or the Buyer Subsidiary receives a copy of that consent, the Surface Use Agreement will be deemed to have been assigned and transferred by Xxxxx to the Buyer or the Buyer Subsidiary, as applicable.
SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO 475 ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A 476 MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND 477 RECORDER. 478 8.78.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT 479 TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION 480 OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING XXXXX, REWORKING 481 OF CURRENT XXXXX AND GAS GATHERING AND PROCESSING FACILITIES. 482 8.78.4. ADDITIONAL INFORMATION. XXXXX IS ENCOURAGED TO SEEK ADDITIONAL 483 INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING 484 DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL 485 AND GAS CONSERVATION COMMISSION. 486 8.78.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, or 487 not covered by the owner’s title insurance policy.
SURFACE USE AGREEMENT. Pursuant to the terms of Section 1 of the Contract, the parties have completed their review of the Surface Use Agreement referenced in Section 1 of the Contract and attached as Exhibit C to the Contract, and hereby acknowledge and agree that the form of Surface Use Agreement attached as Exhibit C to the Contract is and shall be the final form of Surface Use Agreement and shall be incorporated by reference into the deed at Closing and attached as an exhibit to the deed.
SURFACE USE AGREEMENT. Lessee shall consult with the surface owner of the leased premises prior to commencing construction regarding the location of any roads, fences, pipelines or power lines, or installation of any production equipment, tank batteries or produced water disposal equipment, and regarding reclamation planning. Lessee shall take reasonable precautions to minimize adverse impact to farming and ranching operations on, and environmental and aesthetic degradation of, the surface of the leased premises, and follow generally accepted industry practices to protect fresh water strata from contamination and protect the surface from exposure to produced water and other contaminants. Lessee shall pay the surface owner for damages to growing crops, grass, buildings, livestock, fences and other improvements and personal property caused by Lessee’s operations. Lessee shall enter into good faith negotiations with the owner of the surface of the leased premises for a surface use agreement prior to Lessee’s entering upon or occupying the surface of the leased premises and, where such agreement is not reached, follow all applicable statutory and regulatory procedures for exercising its rights under this lease. Within six months after the termination of this lease, Lessee shall restore any of the leased premises disturbed by its operations to as near its condition at the beginning of this lease as practicable, and remove all machinery and fixtures placed by Lessee on said premises pursuant to this lease. The requirements of this paragraph shall apply to any and all surface-disturbing operations on the leased premises, including, but not by way of limitation, seismic and geophysical operations, whether the same are conducted under the authority of this lease or of any other lease covering the leased premises, and, by acceptance of this lease, Lessee acknowledges that the owner of the surface of the leased premises is, and is intended to be, a third party beneficiary of this Paragraph 12 and shall be entitled to enforce the same.
