Surface Use Agreements. To Seller’s knowledge, with the exception of Lease provisions, including provisions set forth in recorded addendums to Leases, there are no surface use agreements to which Seller is a party covering any portion of the Lands with the exception of the surface use agreements described on Exhibit D.
Surface Use Agreements. Subject to applicable Legal Requirements and to valid restrictions contained in Contracts with third Persons, upon the written request of Buyer, Seller shall execute and deliver, and Seller shall cause its Affiliates to execute and deliver, to Buyer (or any entity with whom Buyer has entered into a joint operating agreement, pursuant to which Buyer is participating or has a right to participate in the subject operations) one or more non-exclusive site-specific surface access and use agreements covering portions of the surface estate overlying the Oil and Gas Interests, that is owned or leased by Seller or an Affiliate as of the date hereof, in substantially the form agreed to by the Parties prior to the Closing Date (a “Surface Use Agreement” or “SUA”). Any SUA shall include specific terms and conditions that, among other things, take into account any existing operations or planned activities to be conducted pursuant to the Reserved Rights or the cooperative development plans referred to in Section 4.2. Subject to the expiration period set forth in Section 4.1(b)(i) hereof, the obligation of Peabody to enter into SUAs shall be binding upon all of Seller’s or its Affiliates’ successors and assigns to that portion of the surface estate overlying the Oil and Gas Interests and that is owned or leased by Peabody or an Affiliate as of the date hereof, shall be incorporated into the Transfer Document by which the Oil and Gas Interests are transferred, and shall be deemed a covenant running with the land.
Surface Use Agreements. Subject to applicable Legal Requirements and to valid restrictions contained in Contracts with third Persons, and except with respect to that certain ash-disposal facility located in the northeast corner of the property overlying the Oil and Gas Interests, which is the subject of a Permit issued by the Pennsylvania Department of Environmental Protection for the beneficial use of coal ash, said Permit being further designated as Permit No. 300-000-00, from time to time after Closing, but terminating on the fifth anniversary of the Closing, upon the written request of Buyer, Seller covenants and agrees that it shall execute and deliver, and Seller shall cause the CONSOL Parties to execute and deliver, one or more non-exclusive site-specific surface access and use agreements covering portions of the surface overlying the Oil and Gas Interests, for which Seller or the CONSOL Parties possess rights as of the date hereof, in substantially the form agreed to by the Parties prior to the Closing Date (each a “Surface Use Agreement”). Prior to entering into any Surface Use Agreement with Buyer, Seller and the CONSOL Parties shall have the unfettered right to sell, from time to time, any surface overlying the Oil and Gas Interests. Notwithstanding the foregoing, nothing in this Agreement shall be interpreted or construed to restrict Buyer’s common law or statutory rights to use the surface overlying the Oil and Gas Interests as an incident or right appurtenant to such Oil and Gas Interests acquired by it under this Agreement.
Surface Use Agreements. For the period of Seller's ownership, all rentals, fees and payments required pursuant to the terms of all recorded and unrecorded surface use and surface damage agreements relating to Seller's operation of the Assets have been paid.
Surface Use Agreements. Subject to applicable Legal Requirements and to valid restrictions contained in Contracts with third Persons, from time to time after Closing, but terminating on the fifth anniversary of the Closing, upon the written request of Buyer, Seller covenants and agrees that it shall execute and deliver, and Seller shall cause the CONSOL Parties to execute and deliver, one or more non-exclusive site-specific surface access and use agreements covering portions of the surface overlying the Oil and Gas Interests, for which Seller or the CONSOL Parties possess rights as of the date hereof, in substantially the form agreed to by the Parties prior to the Closing Date (each a “Surface Use Agreement”). Prior to entering into any Surface Use Agreement with Buyer, Seller and the CONSOL Parties shall have the unfettered right to sell, from time to time, any surface overlying the Oil and Gas Interests. Notwithstanding the foregoing, nothing in this Agreement shall be interpreted or construed to restrict Buyer’s common law or statutory rights to use the surface overlying the Oil and Gas Interests as an incident or right appurtenant to such Oil and Gas Interests acquired by it under this Agreement.
Surface Use Agreements. A portion of the Purchased Assets is subject to surface use agreements with Cone Gathering LLC and Noble Energy, Inc. listed as item 1 and item 2 on Schedule 2.1(e) (the “Cone and Noble Surface Use Agreements”) which require notice to the other parties when the Seller is transferring a surface interest in property affected by those agreements, and require certain terms and conditions in certain transfer documents. Seller has complied with the requirements for notices to the other parties, and the Transfer Documents at Closing will reference or contain such terms and conditions, and Buyer acknowledges that a portion of the Purchased Assets is bound by the Cone and Noble Surface Use Agreements and that Seller currently is, and Buyer will be subject to, continuing obligations pursuant to those agreements.
Surface Use Agreements. The Parties shall have agreed on the form of (i) a Peabody Surface Use Agreement and (ii) a CNX Surface Use Agreement.
Surface Use Agreements. With the exception of Lease provisions, including provisions set forth in recorded addendums to Leases, and agreements listed on Schedule 6.10, there are no surface use agreements to which Seller is a party covering any portion of the Lands. With the exception of the surface use agreements and conservation easements identified on Schedule 6.10, there are no access or surface use restrictions, limitations or conditions applicable to oil and gas operations on the Lands.
Surface Use Agreements. In the parts of the state where the surface owner still owns some or all of the mineral estate, detailed surface use agreements are regularly entered into between the lessors and the lessees. These agreements address the details of the lessee’s use of the surface of the property for the exploration and development of the mineral estate. These provisions, as well as other lease damage provisions, serve as limitations to the general rule that the mineral estate is the dominant estate. It should be noted that a surface agreement that does not include all owners of the mineral estate may not be enforceable against the outstanding owners’ Lessee. Surface use agreements and/or damage provisions in the oil and gas lease can cover a wide variety of issues. The lessors/surface owners may wish to consider the following:
Surface Use Agreements. Both parties shall meet prior to March 1 of each year to develop potential unitization opportunities that facilitate public hunting, fishing, or trapping while reducing confusion, trespass potential, and lessee concerns. Draft unitization recommendations shall be posted on both parties’ websites for public review and comment, and any final unitization(s) shall be incorporated into the Easement Lands Map by means of amendment to the Easement Lands Map.
