Examples of Surface Damages in a sentence
Subject to the terms and conditions set forth in this Agreement and payment of the applicable Surface Damages, Company hereby grants to Operator the non-exclusive right to use the existing roads located on the Lands, at no additional cost except for the obligation to maintain pursuant to the next succeeding sentence, in connection with the construction, development, operation, maintenance, relocation, and/or removal of the Facilities.
For the avoidance of doubt, Operator shall not owe any Surface Damages with respect to the Initial Facilities as the same exist on the Effective Date, but shall owe any applicable Surface Damages with respect to the Initial Facilities to the extent the same arise after the Effective Date.
Operator shall pay to Company the applicable Surface Damages for the applicable Facilities constructed and/or utilized by Operator pursuant to this Agreement.
Other than any Surface Damages as determined in accordance with this Section 2.4(a) and the fees set forth in Section 2.4(b), Operator will not be obligated to pay any royalties, throughputs, or other fees with respect to Operator’s use of or access to the Lands in accordance with this Agreement.
If Company does not make this determination and provide notice and the required documentation to Operator thereof in accordance with this Section 2.4(a), the then-current Surface Damages shall continue in effect.
If the Company does not make this determination and provide notice to Operator thereof in accordance with this section, the then-current Surface Damages shall continue in effect.
The Surface Damages in effect for the period beginning on the Effective Date and ending on December 31, 2022 are set forth on Schedule 2.3. Not later than December 31 of each year, the Company shall determine, in its reasonable discretion and with reference to market-based surface damages in the immediate vicinity of the North Ranch, the applicable Surface Damages for all Leases and Easements that are executed in the immediately succeeding calendar year and shall provide notice to Operator thereof.