Surface Use Agreements Sample Clauses

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.
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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.
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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.
Sample 1
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.
Sample 1
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.
Sample 1
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: 1. Is the lessor in an area of the state where the activity is so strong that the lessor can use the negotiation of this agreement as an opportunity to negotiate an overriding royalty interest? 2. The lessor may want to use this opportunity to negotiate a rate or fee schedule for each of the anticipated operations conducted by the lessee and require that the lessee pay for those items noted on the rate schedule BEFORE the lessee enters the premises for exploration activities.
Sample 1
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.
Sample 1
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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.
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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.
Sample 1

Related to Surface Use Agreements

  • Lease Agreements 13.1 The Customer shall provide FPL a copy of the lease agreement, as applicable, for any and all leased interconnection equipment. 13.2 The Customer shall not enter into any lease agreement that results in the retail purchase of electricity; or the retail sale of electricity from the Customer-owned renewable generation. Notwithstanding this restriction, in the event it is determined by the Florida Public Service Commission that the Customer has entered such an agreement, the Customer shall be in breach of this Interconnection Agreement and the lessor may become subject to the jurisdiction and regulations of the Florida Public Service Commission as a public utility.

  • Landlord and Storage Agreements Upon request, provide Agent with copies of all existing agreements, and promptly after execution thereof provide Agent with copies of all future agreements, between an Obligor and any landlord, warehouseman, processor, shipper, bailee or other Person that owns any premises at which any Collateral may be kept or that otherwise may possess or handle any Collateral.

  • Lease Agreement On the terms stated in this Lease, Landlord leases the Premises to Tenant, and Tenant leases the Premises from Landlord, for the Term beginning on the Commencement Date and ending on the Termination Date unless extended or sooner terminated pursuant to this Lease.

  • Reciprocal Easement Agreements (a) Neither Borrower, nor any other party is currently in default (nor has any notice been given or received with respect to an alleged or current default) under any of the terms and conditions of the REA, and the REA remains unmodified and in full force and effect; (b) All easements granted pursuant to the REA which were to have survived the site preparation and completion of construction (to the extent that the same has been completed), remain in full force and effect and have not been released, terminated, extinguished or discharged by agreement or otherwise; (c) All sums due and owing by Borrower to the other parties to the REA (or by the other parties to the REA to the Borrower) pursuant to the terms of the REA, including without limitation, all sums, charges, fees, assessments, costs, and expenses in connection with any taxes, site preparation and construction, non-shareholder contributions, and common area and other property management activities have been paid, are current, and no lien has attached on the Property (or threat thereof been made) for failure to pay any of the foregoing; (d) The terms, conditions, covenants, uses and restrictions contained in the REA do not conflict in any manner with any terms, conditions, covenants, uses and restrictions contained in any Lease or in any agreement between Borrower and occupant of any peripheral parcel, including without limitation, conditions and restrictions with respect to kiosk placement, tenant restrictions (type, location or exclusivity), sale of certain goods or services, and/or other use restrictions; and (e) The terms, conditions, covenants, uses and restrictions contained in each Lease do not conflict in any manner with any terms, conditions, covenants, uses and restrictions contained in the REA, any other Lease or in any agreement between Borrower and occupant of any peripheral parcel, including without limitation, conditions and restrictions with respect to kiosk placement, tenant restrictions (type, location or exclusivity), sale of certain goods or services, and/or other use restrictions.

  • Landlord Agreements Each Credit Party shall use commercially reasonable efforts to obtain a landlord agreement or bailee or mortgagee waivers, as applicable, from the lessor of each leased property, bailee in possession of any Collateral or mortgagee of any owned property with respect to each location where any Collateral is stored or located, which agreement shall be reasonably satisfactory in form and substance to Agent.

  • License Agreements (a) Each Borrower and Guarantor shall (i) promptly and faithfully observe and perform all of the material terms, covenants, conditions and provisions of the material License Agreements to which it is a party to be observed and performed by it, at the times set forth therein, if any, (ii) not do, permit, suffer or refrain from doing anything that could reasonably be expected to result in a default under or breach of any of the terms of any material License Agreement, (iii) not cancel, surrender, modify, amend, waive or release any material License Agreement in any material respect or any term, provision or right of the licensee thereunder in any material respect, or consent to or permit to occur any of the foregoing; except, that, subject to Section 9.19(b) below, such Borrower or Guarantor may cancel, surrender or release any material License Agreement in the ordinary course of the business of such Borrower or Guarantor; provided, that, such Borrower or Guarantor (as the case may be) shall give Agent not less than thirty (30) days prior written notice of its intention to so cancel, surrender and release any such material License Agreement, (iv) give Agent prompt written notice of any material License Agreement entered into by such Borrower or Guarantor after the date hereof, together with a true, correct and complete copy thereof and such other information with respect thereto as Agent may request, (v) give Agent prompt written notice of any material breach of any obligation, or any default, by any party under any material License Agreement, and deliver to Agent (promptly upon the receipt thereof by such Borrower or Guarantor in the case of a notice to such Borrower or Guarantor and concurrently with the sending thereof in the case of a notice from such Borrower or Guarantor) a copy of each notice of default and every other notice and other communication received or delivered by such Borrower or Guarantor in connection with any material License Agreement which relates to the right of such Borrower or Guarantor to continue to use the property subject to such License Agreement, and (vi) furnish to Agent, promptly upon the request of Agent, such information and evidence as Agent may reasonably require from time to time concerning the observance, performance and compliance by such Borrower or Guarantor or the other party or parties thereto with the material terms, covenants or provisions of any material License Agreement. (b) Each Borrower and Guarantor will either exercise any option to renew or extend the term of each material License Agreement to which it is a party in such manner as will cause the term of such material License Agreement to be effectively renewed or extended for the period provided by such option and give prompt written notice thereof to Agent or give Agent prior written notice that such Borrower or Guarantor does not intend to renew or extend the term of any such material License Agreement or that the term thereof shall otherwise be expiring, not less than sixty (60) days prior to the date of any such non-renewal or expiration. In the event of the failure of such Borrower or Guarantor to extend or renew any material License Agreement to which it is a party, Agent shall have, and is hereby granted, the irrevocable right and authority, at its option, to renew or extend the term of such material License Agreement, whether in its own name and behalf, or in the name and behalf of a designee or nominee of Agent or in the name and behalf of such Borrower or Guarantor, as Agent shall determine at any time that an Event of Default shall exist or have occurred and be continuing. Agent may, but shall not be required to, perform any or all of such obligations of such Borrower or Guarantor under any of the License Agreements, including, but not limited to, the payment of any or all sums due from such Borrower or Guarantor thereunder. Any sums so paid by Agent shall constitute part of the Obligations. (c) No Borrower or Guarantor shall assign, sell, mortgage, lease, transfer, pledge, hypothecate, grant a security interest in or lien upon, encumber, grant an exclusive or non-exclusive license relating to any Intellectual Property, or otherwise dispose of any Intellectual Property, in each case without the prior written consent of Agent, except that any Borrower or Guarantor may, after written notice to Agent, grant a non-exclusive license relating to any Intellectual Property to another Borrower or Guarantor in the ordinary course of business.

  • Specific Agreements 1. Investments made pursuant to a specific agreement concluded between one Contracting Party and investors of the other Party shall be covered by the provisions of this Agreement and by those of the specific agreement. 2. Each Contracting Party undertakes to ensure at all times that the commitments it has entered into vis-à-vis investors of the other Contracting Party shall be observed.

  • Use of Leased Property Xxxxxx agrees to use the Leased Property only as residence. Xxxxxx agrees to obey all federal, state and local laws and regulations when using the Leased Property. Xxxxxx agrees not to store any flammable or dangerous things in or around the Leased Property. Xxxxxx agrees not to do anything in or around the Leased Property, which could harm anyone or damage any property. Xxxxxx agrees that Tenant will not allow more than one person per bedroom to live in the Leased Property without the written permission of Landlord. The fact that Tenant may have conflict with a roommate will not act as grounds to terminate this Lease. In the event that Xxxxxx is arrested for or charged with any crime (other than a traffic related offense not involving illegal or controlled substances) during the term of the Lease, and/or Landlord is presented with evidence of activities of Tenant which shall constitute a nuisance or a threat to Landlord, other tenants, the Leased Property or the development, Landlord shall have the right to evict Tenant from the Leased Property.

  • Interconnection Agreement Seller shall comply with the terms and conditions of the Interconnection Agreement.

  • Use of Basement and Service Areas The basement(s) and service areas, if any, as located within the

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