Capped Areas Clause Samples

Capped Areas. Lessees shall cap the solid waste landfill and pond solids closure areas. Prior to Surrender pursuant to Section 6 (Surrender), Lessees shall make repairs to any capped areas located on the Leased Premises that are necessary to correct the effects of settlement, subsidence, and erosion and to prevent run-on and run-off from eroding or otherwise damaging the cover. Without limitation, prior to Surrender pursuant to Section 6 (Surrender), Lessees shall have the right to place whatever fencing, signage, and barriers they deem necessary to provide notice or restrict access. After Surrender, the Nation shall maintain any fencing, signage, or barriers for so long as the Nation deems them to be necessary. Any use by the Nation of the capped areas shall not disturb the integrity of the cap or of any sentinel monitoring well that is still in use. This Subsection shall survive termination of this Lease or the expiration of the Lease Term in perpetuity.