Common use of Surface Use Clause in Contracts

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. 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 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. 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.