Common use of The Lease Clause in Contracts

The Lease. Lessor hereby leases, demises and grants to Lessee and Lessee hereby leases and takes from Lessor, for the sole and exclusive purpose of prospecting for, exploring for, producing, developing, mining, extracting, removing, storing, transporting, transloading, and marketing the Materials (herein defined), the surface and subsurface estate of the approximately 898 acres as more particularly described in Exhibits “A-1,” “A-2,” and “A-3” (collectively “Exhibit A”) hereto and made a part hereof (the “Leased Premises”) including thereon all minerals (except oil and gas and other hydrocarbon products) and all construction materials including but not limited to silica sand and/or overburden, (hereinafter collectively called “Materials”) in, on and under said real property, all as more particularly described in Exhibit “A”, attached hereto. In conjunction with the lease of the Leased Premises granted herein, Lessor hereby grants to Lessee the exclusive right to prospect for, explore for, produce, sample, drill and test for, develop, mine, quarry, extract, process, sell, remove and market Materials during the term of this Lease Agreement, and the non-exclusive right to the use of any surface and subsurface water on the Leased Premises. Notwithstanding the foregoing, there is hereby excepted and reserved to Lessor, Lessor’s successors and assigns, and Lessor’s predecessors in title all oil, gas and other minerals except the Materials, and there is further excepted and reserved to Lessor and Lessor’s predecessors in title (to the extent they have any rights to use the surface) the full use of the Leased Premises and all rights with respect to the surface and subsurface thereof for any and all purposes except those granted and to the extent herein granted to Lessee, together with the rights of ingress and egress and use of the Leased Premises by Lessor (and Lessor’s predecessors in title to the extent they have any rights to use the surface) and its oil, gas and mineral lessees, for purposes of exploring for and producing oil and gas and the minerals which are not covered by the terms of this Lease Agreement and for its surface lessees, for all purposes (including, without limitation, any and all agricultural purposes) not inconsistent with the rights granted to Lessee in this Lease Agreement (such permitted purposes shall include, but not limited to, any grazing leases or hunting leases by and between Lessor and third parties, and the right to sell and use water from xxxxx on the Leased Premises). Lessor acknowledges and affirms that any hunting activity shall be limited to portions of the property being used for agricultural purposes. All of the rights in and to the Leased Premises retained by Lessor and all of the rights in and to the Leased Premises granted to Lessee shall be exercised in such a manner that neither shall unduly interfere with the operations of the other.

The Lease. Lessor hereby leases, demises and grants to Lessee and Lessee hereby leases and takes from Lessor, for the sole and exclusive purpose of prospecting for, exploring for, producing, developing, mining, extracting, removing, storing, transporting, transloading, and marketing the Materials (herein defined), the surface and subsurface estate of the approximately 898 acres 680.25 acres, more or less, of real property (hereinafter referred to as more particularly described in Exhibits “A-1,” “A-2,” and “A-3” (collectively “Exhibit A”) hereto and made a part hereof (the “Leased Premises”) ), lying and being situated in Hood County, Texas, and being out of the Xxxxxxx XxXxxxx Survey, Abstract No. 391, the WM. X. Xxxxxxxx Survey, Abstract No. 212, the X.X. Xxxxxx Survey; Abstract No. 688, the Xxxxxx Xxxxxxxxx Survey, Abstract No. 700 and the Xxxxx X. Xxxxxxxx Survey, Abstract No. 183 including thereon all minerals (except oil and gas and other hydrocarbon products) and all construction materials including but not limited to silica sand and/or overburden, (hereinafter collectively called “Materials”) in, on and under said real property, all as more particularly described in Exhibit “A”, attached hereto. In conjunction with the lease of the Leased Premises granted herein, Lessor hereby grants to Lessee the exclusive right to prospect for, explore for, produce, sample, drill and test for, develop, mine, quarry, extract, process, sell, remove and market Materials during the term of this Lease Agreement, and the non-exclusive right to the use of any surface and subsurface water on the Leased Premises. Notwithstanding the foregoing, there is hereby excepted and reserved to Lessor, Lessor and Lessor’s successors and assigns, and Lessor’s predecessors in title assigns all oil, gas and other minerals except the Materials, and there is further excepted and reserved to Lessor and Lessor’s predecessors in title (to the extent they have any rights to use the surface) the full use of the Leased Premises and all rights with respect to the surface and subsurface thereof for any and all purposes except those granted and to the extent herein granted to Lessee, together with the rights of ingress and egress and use of the Leased Premises by Lessor (and Lessor’s predecessors in title to the extent they have any rights to use the surface) and its oil, gas and mineral lessees, for purposes of exploring for and producing oil and gas and the minerals which are not covered by the terms of this Lease Agreement and for its surface lessees, for all purposes (including, without limitation, any and all agricultural purposes) not inconsistent with the rights granted to Lessee in this Lease Agreement (such permitted purposes shall include, but not limited to, any grazing leases or hunting leases by and between Lessor and third parties, the Oral Hunting Lease (defined below), and the right to sell and use water from xxxxx on the Leased Premises). Lessor acknowledges and affirms that any hunting activity shall be limited to portions of the property being used for agricultural purposes. All of the rights in and to the Leased Premises retained by Lessor and all of the rights in and to the Leased Premises granted to Lessee shall be exercised in such a manner that neither shall unduly interfere with the operations of the other.. Lessor and Lessee acknowledge the existence of that certain oral hunting lease affecting the Leased Premises by and between Lessor and Xxxxx XxXxxx (the “Oral Hunting Lease”). Lessor and Lessee acknowledge and agree that Lessor excepts and reserves to Lessor the rights of ingress and egress and use of the Leased Premises for hunting activities permitted under the Oral Hunting Lease; provided, however, that such activities shall not interfere with the rights granted to Lessee in this Lease Agreement. Lessor and Lessee acknowledge and agree that the Oral Hunting Lease is the only hunting lease affecting the Leased Premises and that it shall remain in full force and effect until August 31, 2011 at which time it shall terminate and be of no further force or effect. Notwithstanding the foregoing, or anything herein to the contrary, Lessor acknowledges and agrees that in all events any and all hunting activity undertaken pursuant to the Oral Hunting Lease shall be restricted to portions of the Leased Premises being used for agricultural purposes. Except as specifically provided herein, Lessor shall not enter into any additional hunting leases in connection with the Leased Premises during the term of this Lease. Lessor and Lessee shall enter into a hunting lease agreement in the form attached hereto as Exhibit “E.”