No Surface Use Sample Clauses

No Surface Use. Landowner has the associated rights and retains its interests, if any, in all oil, gas and other mineral substances (whether such other mineral substances be part of the mineral estate or part of the surface estate) in and under the Property; provided, however, it is understood and agreed by Landowner, Holder, and Third Party Beneficiaries that, in conducting any Mineral Activities on the Property, Landowner shall not use or occupy any portion of the surface estate of the Property and shall not place any facilities, fixtures, equipment, building, structures, pipelines, rights of way or personal property of any kind or nature whatsoever on the surface of the Property or in the subsurface within the depth interval of 1000 feet below the surface of the Property or on or in any portion thereof. Landowner agrees that any and all Mineral Activities shall be conducted by directional or horizontal drilling below said subsurface interval from a surface location off the Property, and Landowner hereby waives any rights whatsoever to the use of the surface and said subsurface interval of the Property in connection with any Mineral Activities on the Property. Notwithstanding anything above to the contrary, Landowner shall not be prohibited from conducting exploratory activities that are non-invasive, do not otherwise damage or negatively impact the watersheds or aquifer, and do not significantly impair or interfere with the Conservation Values. To the extent Landowner elects to explore for or extract or exploit any oil, gas or other minerals in or under the Property from a surface location off the Property, Landowner shall use reasonable efforts to minimize any damage or other negative impact on the watersheds or aquifer underlying the Property by such activity. Holder and Third Party Beneficiaries must be given written notice of any actual or proposed Mineral Activities that Landowner intends to conduct or authorize at least forty-five (45) days prior to Landowner entering into any contract with or lease to any third party for mineral exploration, and, if no such contract or lease, prior to Landowner beginning any work. In addition to the above surface waiver requirements, Landowner shall, prior to entering into any contract or lease (or prior to beginning any work if there is no contract or lease), consult with Holder and Third Party Beneficiaries and make reasonable efforts to incorporate conditions or restrictions as Holder and Third Party Beneficiaries may reasona...