Common use of Surface Use Clause in Contracts

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. (a1) AP Capio 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. (b2) AP Capio 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 Capio 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 APCapio’s or AP Capio 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 APCapio’s or AP Capio Group’s negligence or to the inherent nature of APCapio’s or AP Capio 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. (c3) AP Capio shall report all unpermitted and reportable discharges on the Property as required by Applicable Law(s). (d4) AP Capio 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 Capio 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).