Common use of SURFACE OPERATIONS Clause in Contracts

SURFACE OPERATIONS. (a) No well shall be drilled within one thousand (1,000) feet of any residence, structure, or other building now on the Property, without the prior written consent of the owner thereof. (b) Lessee shall pay Lessor for any damages to agricultural produce, products, commodities or crops and any and all other surface improvements caused by its operations on the Property. Such payments shall be based upon the fair market value of such produce, products, commodities, crops or improvements at the time such damage occurs. (c) In the event any buildings and/or personal property shall be damaged, destroyed, or required to be removed because of Lessee's operations on the Property, Lessee shall be liable for payment of the reasonable replacement value thereof to the owner. (d) Upon completion of any well drilled on the Land, Lessee shall level and fill all sump holes and excavations, shall remove all debris, and shall maintain the location of such well in a clean and sanitary condition. (e) Lessee in its operations on the Property shall at any and all times give due and proper regard for the rights, convenience, and health, welfare and safety of Lessor and all persons lawfully occupying the Property. (f) Lessee agrees to fencing, and marking with appropriate signage, all permanent facilities, such as individual ▇▇▇▇▇, and to provide temporary fencing during construction, around all areas of operation. (g) Upon abandonment of any uncompleted or completed well and upon termination of this Agreement, Lessee shall level and fill all sump holes and excavations and shall remove all debris and leave the location of each such well in a clean and sanitary condition, and further, if requested, in writing, by Lessor, the owner of the surface area, or any governmental agency with authority to require such action, Lessee shall cement in and plug each such well in such manner and to such extent as to insure against any discharge from the same. (h) Any ▇▇▇▇▇ drilled by Lessee hereunder shall be drilled in a manner so as not to materially affect any existing well of the surface owner of the Property and sufficient casing shall be set and cemented in such ▇▇▇▇▇ drilled by Lessee so as to seal off and protect surface waters. (i) Lessee agrees to conduct all operations hereunder with reasonable diligence and in accordance with prudent geothermal industry operating practices, including, but not limited to, the operational standards and specifications of the Federal Bureau of Land Management, the California Department of Oil, Gas, and Geothermal Resources, and the applicable California Regional Water Quality Control Board. Lessee shall be liable to Lessor and shall indemnify Lessor for subsidence or surface damages resulting from its operations hereunder, provided that Lessee shall not be liable to Lessor for damage to subsurface structures unless such damage is caused by Lessor's gross negligence or willful misconduct. (j) Notwithstanding the foregoing, Lessor reserves the right to use this Property for agricultural, ranch, grazing, housing, or other related purpose, or to lease the surface Property and grant easements and licenses on over and across such property to other persons for any purpose and, except as set forth below, any income derived by the Lessor therefrom shall belong entirely to the Lessor, provided however that such use does not include any geothermal development or installation of any facilities related to geothermal development or commercial generation of electricity, and provided that Lessor's activities preserve the existing commercial productivity and environmental integrity of the Property, and provided further that the Lessor's activities do not negatively affect the viability of the Resources in any matter whatsoever or materially impair, delay or increase the cost of the activities of the Lessee hereunder. Lessor agrees to provide to Lessee a copy of any lease agreement entered into between Lessor and any surface tenant regarding the lease of any portion of the Property subject to this Agreement. Lessor agrees to provide any surface tenants with the portions of this Agreement applicable to surface rights, and to notify such surface tenants that their rights are subordinate to the rights of the Lessee hereunder. (k) Lessee agrees to use its good faith efforts to conduct its activities and operations on the Property in a manner that minimizes the impact thereof on Lessor 's activities and operations on the Property, including Lessor's agricultural activities in the manner being currently conducted.

SURFACE OPERATIONS. (a) No well shall be drilled within one thousand (1,000) feet Prior to the commencement of any residenceoperations on the Lands, structureLessee shall inform Lessor of the commencement of such operations (under the notice provisions hereof, or other building now on otherwise) with the Property, without approximate date of such commencement and the location of same; such notice to be given within a reasonable time prior written consent to the commencement of the owner thereofsuch operations. (b) The Lessee shall pay Lessor for any damages to agricultural produce, products, commodities or crops complete a baseline measurement of the water level and any and all other surface improvements caused by its operations flow of the springs on the Property. Such payments shall be based upon Lands prior to commencement of production drilling operations and provide a written copy of the fair market value of such produce, products, commodities, crops or improvements at data to the time such damage occursLessors. (c) In Lessee agrees to enter into a separate agreement with the event any buildings and/or personal property shall be damaged, destroyed, or required surface landowner to be removed because use reasonable care at all times in all of Lessee's operations on the PropertyLands to prevent injury or damage to cattle, Lessee shall be liable for payment livestock, buildings, water diversion works, ditches, tanks and water ▇▇▇▇▇ or other property of the reasonable replacement value thereof surface landowner located thereon; and Lessee agrees to repair, mitigate or pay the surface landowner for all damages to the ownersurface of the Lands and to the cattle, crops, buildings, livestock, fences, water diversions, ditches, tanks, water, water ▇▇▇▇▇ and, without limitation, all other property of the surface landowner situated on the surface of the Lands resulting from Lessee's operations on the Lands. Lessee agrees to defend and hold harmless the Lessor from any costs or liabilities incurred as a result of a dispute with the surface landowner arising from the actions of the Lessee. (d) Upon completion No well products or surface materials or refuse of any kind shall be allowed to deposit upon, pass into or otherwise enter or degrade or pollute the waters or the water supply of landowner or others. All drilling fluids, well drilled on products and other substances, the Landspillage of which would contaminate or otherwise adversely affect the productivity of any portion of the Lands not actually occupied or used by Lessee, Lessee shall level and fill all sump holes and excavationsor which would adversely affect the waters or the water supply of the surface landowner or others, shall remove all debris, be removed by Lessee in such manner and shall maintain the location of to such well in a clean and sanitary conditionplace or places as to insure that such contamination or adverse effect does not occur. (e) Lessee in its operations on the Property shall at any and all times give due and proper regard for the rights, convenience, and health, welfare and safety of Lessor and all persons lawfully occupying the Property. (f) Lessee agrees to fencing, and marking with appropriate signage, all permanent facilities, such as individual ▇▇▇▇▇, and to provide temporary fencing during construction, around all areas of operation. (g) Upon abandonment of any uncompleted or completed well and upon termination of this Agreement, Lessee shall level and fill all sump holes and excavations and shall remove all debris and leave the location of each such well in a clean and sanitary condition, and further, if requested, in writing, by Lessor, the owner of the surface area, or any governmental agency with authority to require such action, Lessee shall cement in and plug each such well in such manner and to such extent as to insure against any discharge from the same. (h) Any ▇▇▇▇▇ drilled by Lessee hereunder shall be drilled in a manner so as not to materially affect any existing well of the surface owner of the Property and sufficient casing shall be set and cemented in such ▇▇▇▇▇ drilled by Lessee so as to seal off and protect surface waters. (i) Lessee agrees to conduct all operations hereunder with reasonable diligence and in accordance with prudent geothermal industry operating practices, including, but not limited to, the operational standards and specifications of the Federal Bureau of Land Management, the California Department of Oil, Gas, and Geothermal Resources, and the applicable California Regional Water Quality Control Board. Lessee shall be liable to Lessor and shall indemnify Lessor for damages to any geothermal resources reservoir underlying the Lands or for the loss of Substances therein or therefrom or from any subsidence or surface damages resulting from its operations hereunder, provided that Lessee shall not be liable to Lessor for damage to subsurface structures hereunder unless such damage or loss is caused by LessorLessee's gross negligence or willful misconduct. (j) Notwithstanding the foregoing, Lessor reserves the right failure to use this Property for agricultural, ranch, grazing, housing, or other related purpose, or to lease the surface Property and grant easements and licenses on over and across such property to other persons for any purpose and, except as set forth below, any income derived by the Lessor therefrom shall belong entirely to the Lessor, provided however that such use does not include any geothermal development or installation of any facilities related to geothermal development or commercial generation of electricity, and provided that Lessor's activities preserve the existing commercial productivity and environmental integrity of the Property, and provided further that the Lessor's activities do not negatively affect the viability of the Resources operate in any matter whatsoever or materially impair, delay or increase the cost of the activities of the Lessee hereunder. Lessor agrees to provide to Lessee a copy of any lease agreement entered into between Lessor and any surface tenant regarding the lease of any portion of the Property subject to this Agreement. Lessor agrees to provide any surface tenants accordance with the portions of this Agreement applicable to surface rights, and to notify such surface tenants that their rights are subordinate to the rights of the Lessee hereunderrequirements in Section 11. (k) Lessee agrees to use its good faith efforts to conduct its activities and operations on the Property in a manner that minimizes the impact thereof on Lessor 's activities and operations on the Property, including Lessor's agricultural activities in the manner being currently conducted.

SURFACE OPERATIONS. (a) Promptly following Lessor's notice to do so, Lessee shall adequately fence or otherwise prevent access to all of Lessee's drill sites on the Lands against Lessor's livestock if any shall then be kept upon the Lands. No well shall be drilled within one thousand three hundred feet (1,000300') feet of any residence, structure, residence or other building now on the Property, Lands without the prior written consent of the owner thereof. (b) . Lessee shall pay Lessor be responsible for any damages to agricultural produce, products, commodities or growing crops and any and all other surface improvements caused by its operations on the Property. Such Lands; such payments shall are to be based upon the fair market value of such produce, products, commodities, crops or improvements at the time of such damage occursdamages. (cb) In the event any buildings and/or personal property shall be damaged, destroyed, or required Lessee agrees to be removed because use reasonable care at all times in all of Lessee's operations on the PropertyLands. to prevent injury or damage to cattle, livestock, buildings, water diversion works, ditches, tanks and water ▇▇▇▇▇ or other property of the Lessor located thereon; and Lessee agrees to repair, mitigate or pay the Lessor for all damages to the surface of the Lands and to the cattle, crops, buildings, livestock, fences, water diversions, ditches, tanks, water, water ▇▇▇▇▇ and, without limitation, all other property of the Lessor situated on the surface of the Lands resulting from Lessee's operations on the Lands. (c) No well products or surface materials or refuse of any kind shall be liable for payment allowed to deposit upon, pass into or otherwise enter or degrade or pollute the waters or the water supply of Lessor or others. All drilling fluids, well products and other substances, the spillage of which would contaminate or otherwise adversely affect the productivity of any portion of the reasonable replacement value thereof Lands not actually occupied or used by Lessee or which would adversely affect the waters or the water supply of Lessor or others shall be removed by Lessee in such manner and to the ownersuch place or places as to insure that such contamination or adverse effect does not occur. (d) Upon completion Prior to the commencement of any well drilled operations on the LandLands, Lessee shall level inform Lessor of the commencement of such operations (either orally, under the notice provisions hereof or otherwise) with the approximate date of such commencement and fill all sump holes and excavations, shall remove all debris, and shall maintain the location of same; such well in notice to be given within a clean and sanitary conditionreasonable time prior to the commencement of such operations. (e) Lessee in its operations on the Property shall at any and all times give due and proper regard for the rights, convenience, and health, welfare and safety of Lessor and all persons lawfully occupying the Property. (f) Lessee agrees to fencing, and marking with appropriate signage, all permanent facilities, such as individual ▇▇▇▇▇, and to provide temporary fencing during construction, around all areas of operation. (g) Upon abandonment of any uncompleted or completed well and upon termination of this Agreement, Lessee shall level and fill all sump holes and excavations and shall remove all debris and leave the location of each such well in a clean and sanitary condition, and further, if requested, in writing, by Lessor, the owner of the surface area, or any governmental agency with authority to require such action, Lessee shall cement in and plug each such well in such manner and to such extent as to insure against any discharge from the same. (h) Any ▇▇▇▇▇ drilled by Lessee hereunder shall be drilled in a manner so as not to materially affect any existing well of the surface owner of the Property and sufficient casing shall be set and cemented in such ▇▇▇▇▇ drilled by Lessee so as to seal off and protect surface waters. (i) Lessee agrees to conduct all operations hereunder with reasonable diligence and in accordance with prudent geothermal industry operating practices, including, but not limited to, the operational standards and specifications of the Federal Bureau of Land Management, the California Department of Oil, Gas, and Geothermal Resources, and the applicable California Regional Water Quality Control Board. Lessee shall be liable to Lessor and shall indemnify Lessor for damages to any geothermal resources reservoir underlying the Lands or for the loss of Substances therein or therefrom or from any subsidence or surface damages resulting from its operations hereunder, provided that Lessee shall not be liable to Lessor for damage to subsurface structures hereunder unless such damage or loss is caused by LessorLessee's gross negligence or willful misconduct. (j) Notwithstanding the foregoing, Lessor reserves the right to use this Property for agricultural, ranch, grazing, housing, or other related purpose, or to lease the surface Property and grant easements and licenses on over and across such property to other persons for any purpose and, except as set forth below, any income derived by the Lessor therefrom shall belong entirely to the Lessor, provided however that such use does not include any geothermal development or installation of any facilities related to geothermal development or commercial generation of electricity, and provided that Lessor's activities preserve the existing commercial productivity and environmental integrity of the Property, and provided further that the Lessor's activities do not negatively affect the viability of the Resources in any matter whatsoever or materially impair, delay or increase the cost of the activities of the Lessee hereunder. Lessor agrees to provide to Lessee a copy of any lease agreement entered into between Lessor and any surface tenant regarding the lease of any portion of the Property subject to this Agreement. Lessor agrees to provide any surface tenants with the portions of this Agreement applicable to surface rights, and to notify such surface tenants that their rights are subordinate to the rights of the Lessee hereunder. (k) Lessee agrees to use its good faith efforts to conduct its activities and operations on the Property in a manner that minimizes the impact thereof on Lessor 's activities and operations on the Property, including Lessor's agricultural activities in the manner being currently conducted.

SURFACE OPERATIONS. (a) No well shall be drilled within one thousand seven hundred fifty feet (1,000750') feet of any residence, structure, residence or other building now on overlying the Property, Property without the prior written consent of the owner thereof. (b) . Lessee shall pay Lessor for any damages to agricultural produce, products, commodities growing crops or crops and any and all other surface improvements caused by its operations on overlying the Property. Such Property to the owner thereof; such payments shall are to be based upon the fair market value of such produce, products, commodities, crops or improvements at the time such damage occurs. (c) . In the event any buildings and/or or personal property shall be damaged, destroyed, destroyed or required to be removed because of Lessee's operations on overlying the Property, Lessee shall be liable for payment of the reasonable replacement value thereof to the owner. (d) thereof. Upon completion of any well drilled on the Land, Lessee shall level and fill all sump holes and excavations, excavations and shall remove all debris, debris and shall maintain leave the location of such well in a clean and sanitary condition. (e) . Lessee in its operations on overlying the Property shall at any and all times give have due and proper regard for the rights, convenience, rights and convenience and the health, welfare and safety of Lessor and all persons lawfully occupying the Property. (f) Property and the overlying surface interest. Lessee agrees to fencing, and marking with appropriate signage, all permanent facilities, such as individual ▇▇▇▇▇, and to provide temporary fencing during construction, around all areas of operation. (g) . Upon abandonment of any uncompleted or completed well and upon termination of this AgreementLease, Lessee shall level and fill all sump holes and excavations and shall remove all debris and leave the location of each such well in a clean and sanitary condition, and further, if requested, required by law or requested in writing, writing by Lessor, the owner of the surface area, or any governmental agency with authority to require such action, Lessee shall cement in and plug each such well in such manner and to such extent as to insure against any discharge from the same. (h) . Any ▇▇▇▇▇ drilled by Lessee hereunder shall be drilled in a manner so as not to materially affect any existing well of the surface owner of the Property and sufficient casing shall be set and cemented in such ▇▇▇▇▇ drilled by Lessee so as to seal off and protect surface waters. (ib) Lessee agrees to conduct all operations hereunder with reasonable diligence and in accordance with prudent geothermal industry operating practices, including, but not limited to, the operational standards and specifications of the Federal United States Department of the Interior, Bureau of Land Management, the California Department of Oil, Gas, Oil and Geothermal Resources, Gas and the applicable California Regional Water Quality Control Board. ; provided however, so long as Lessee relies in good faith on the recommendations one or more reputable geologists or geothermal reservoir engineers, Lessee shall not be liable to Lessor and shall indemnify Lessor for damages to any geothermal resources reservoir underlying the Property or for the loss of Resources therein or therefrom or from any subsidence or surface damages resulting from its operations hereunder, provided that Lessee shall not be liable to Lessor for damage to subsurface structures hereunder unless such damage or loss is caused by LessorLessee's gross negligence or willful misconduct. (j) Notwithstanding the foregoing, Lessor reserves the right to use this Property for agricultural, ranch, grazing, housing, or other related purpose, or to lease the surface Property and grant easements and licenses on over and across such property to other persons for any purpose and, except as set forth below, any income derived by the Lessor therefrom shall belong entirely to the Lessor, provided however that such use does not include any geothermal development or installation of any facilities related to geothermal development or commercial generation of electricity, and provided that Lessor's activities preserve the existing commercial productivity and environmental integrity of the Property, and provided further that the Lessor's activities do not negatively affect the viability of the Resources in any matter whatsoever or materially impair, delay or increase the cost of the activities of the Lessee hereunder. Lessor agrees to provide to Lessee a copy of any lease agreement entered into between Lessor and any surface tenant regarding the lease of any portion of the Property subject to this Agreement. Lessor agrees to provide any surface tenants with the portions of this Agreement applicable to surface rights, and to notify such surface tenants that their rights are subordinate to the rights of the Lessee hereunder. (k) Lessee agrees to use its good faith efforts to conduct its activities and operations on the Property in a manner that minimizes the impact thereof on Lessor 's activities and operations on the Property, including Lessor's agricultural activities in the manner being currently conducted.

SURFACE OPERATIONS. (a) No well shall be drilled within one thousand feet (1,000I ,000') feet of any residence, structure, or other building now on the Property, without the prior written consent of the owner thereof. (b) Lessee shall pay Lessor Surface Lessors for any damages to agricultural produce, products, commodities or crops and any and all other surface improvements caused by its operations on the Property. Such payments shall are to be based upon the fair market value of such produce, products, commodities, or crops or improvements at the time such damage occurs. (c) In the event any buildings and/or and /or personal property shall be damaged, destroyed, or required to be removed because of Lessee's operations on the Property, Lessee shall be liable for payment of the reasonable replacement value thereof to the owner. (d) Upon completion of any well drilled on the Land, Lessee shall level and fill all sump holes and excavations, excavations and shall remove all debris, debris and shall maintain the location of such well in a clean and sanitary condition. (e) Lessee in its operations on the Property shall at any and all times give due and proper regard for the rights, convenience, and health, welfare and safety of Lessor Lessors and all persons lawfully occupying the Property. (f) Lessee agrees to fencing, and marking with appropriate signage, all permanent facilities, such as individual ▇▇▇▇▇, and to provide temporary fencing during construction, around all areas of operation. (g) Upon abandonment of any uncompleted or completed well and upon termination of this Agreement, Lessee shall level and fill all sump holes and excavations and shall remove all debris and leave the location of each such well in a clean and sanitary condition, and further, if requested, requested in writing, writing by LessorLessors, the owner of the surface area, or any governmental agency with authority to require such action, Lessee shall cement in and plug each such well in such manner and to such extent as to insure against any discharge from the same. (h) Any ▇▇▇▇▇ drilled by Lessee hereunder shall be drilled in a manner so as not to materially affect any existing well of the surface owner of the Property and sufficient casing shall be set and cemented in such ▇▇▇▇▇ drilled by Lessee so as to seal off and protect surface waters. (i) Lessee agrees to conduct all operations hereunder with reasonable diligence and in accordance with prudent geothermal industry operating practices, including, but not limited to, the operational standards and specifications of the Federal Bureau of Land Management, the California Department of Oil, Gas, and Geothermal Resources, and the applicable California Regional Water Quality Control Board. Lessee shall be liable to Lessor Lessors and shall indemnify Lessor Lessors for subsidence or surface damages resulting from its operations hereunder, provided that Lessee shall not be liable to Lessor Lessors for damage to subsurface structures unless such damage is caused by Lessor's Lessors gross negligence or willful misconduct. (j) Notwithstanding the foregoing, Lessor reserves Surface Lessors reserve the right to use this Property for agricultural, ranch, grazing, housing, or other related purpose, or to lease the surface Property and grant easements and licenses on over and across such property to other persons for any purpose and, except as set forth below, any income derived by the Lessor Surface Lessors therefrom shall belong entirely to the LessorSurface Lessors, provided however that such use does not include any geothermal development or installation of any facilities related to geothermal development or commercial generation of electricity, and provided that Lessor's Surface Lessors' activities preserve the existing commercial productivity and environmental integrity of the Property, and provided further that the Lessor's Surface Lessors' activities do not negatively affect the viability of the Resources in any matter whatsoever or materially impair, delay or increase the cost of the activities of the Lessee hereunder. Lessor agrees Lessors agree to provide to Lessee with a copy of any lease agreement entered into between Lessor Lessors and any surface tenant regarding the lease of any portion of the Property subject to this Agreement. Lessor agrees Surface Lessors agree to provide any surface tenants with the portions of this Agreement applicable to surface rights, and to notify such surface tenants that their rights are subordinate to the rights of the Lessee hereunder. (k) Lessee agrees to use its good faith efforts to conduct its activities and operations on the Property in a manner that minimizes the impact thereof on Lessor 's Lessors activities and operations on the Property, including LessorLessors's agricultural activities in the manner being currently conducted.

SURFACE OPERATIONS. (a) No well shall be drilled within one thousand (1,000) feet Prior to the commencement of any residenceoperations on the Lands, structureLessee shall inform Lessor of the commencement of such operations (under the notice provisions hereof, or other building now on otherwise) with the Property, without approximate date of such commencement and the location of same; such notice to be given within a reasonable time prior written consent to the commencement of the owner thereofsuch operations. (b) The Lessee shall pay Lessor for any damages to agricultural produce, products, commodities or crops complete a baseline measurement of the water level and any and all other surface improvements caused by its operations flow of the springs on the Property. Such payments shall be based upon the fair market value Lands prior to commencement of such produce, products, commodities, crops or improvements at the time such damage occursproduction drilling operations. (c) In Lessee agrees to enter into a separate agreement with the event any buildings and/or personal property shall be damaged, destroyed, or required surface landowner to be removed because use reasonable care at all times in all of Lessee's operations on the PropertyLands to prevent injury or damage to cattle, Lessee shall be liable for payment livestock, buildings, water diversion works, ditches, tanks and water ▇▇▇▇▇ or other property of the reasonable replacement value thereof surface landowner located thereon; and Lessee agrees to repair, mitigate or pay the surface landowner for all damages to the ownersurface of the Lands and to the cattle, crops, buildings, livestock, fences, water diversions, ditches, tanks, water, water ▇▇▇▇▇ and, without limitation, all other property of the surface landowner situated on the surface of the Lands resulting from Lessee's operations on the Lands. Lessee agrees to defend and hold harmless the Lessor from any costs or liabilities incurred as a result of a dispute with the surface landowner arising from the actions of the Lessee. (d) Upon completion No well products or surface materials or refuse of any kind shall be allowed to deposit upon, pass into or otherwise enter or degrade or pollute the waters or the water supply of landowner or others. All drilling fluids, well drilled on products and other substances, the Land, Lessee shall level and fill all sump holes and excavations, shall remove all debris, and shall maintain spillage of which would contaminate or otherwise adversely affect the location of such well in a clean and sanitary condition. (e) Lessee in its operations on the Property shall at any and all times give due and proper regard for the rights, convenience, and health, welfare and safety of Lessor and all persons lawfully occupying the Property. (f) Lessee agrees to fencing, and marking with appropriate signage, all permanent facilities, such as individual ▇▇▇▇▇, and to provide temporary fencing during construction, around all areas of operation. (g) Upon abandonment productivity of any uncompleted portion of the Lands, or completed well and upon termination of this Agreement, Lessee shall level and fill all sump holes and excavations and shall remove all debris and leave which would adversely affect the location of each such well in a clean and sanitary condition, and further, if requested, in writing, by Lessor, waters or the owner water supply of the surface arealandowner or others, or any governmental agency with authority to require such action, shall be removed by Lessee shall cement in and plug each such well in such manner and to such extent place or places as to insure against any discharge from the same. (h) Any ▇▇▇▇▇ drilled by Lessee hereunder shall be drilled in a manner so as not to materially affect any existing well of the surface owner of the Property and sufficient casing shall be set and cemented in such ▇▇▇▇▇ drilled by Lessee so as to seal off and protect surface waters. (i) Lessee agrees to conduct all operations hereunder with reasonable diligence and in accordance with prudent geothermal industry operating practices, including, but not limited to, the operational standards and specifications of the Federal Bureau of Land Management, the California Department of Oil, Gas, and Geothermal Resources, and the applicable California Regional Water Quality Control Board. Lessee shall be liable to Lessor and shall indemnify Lessor for subsidence or surface damages resulting from its operations hereunder, provided that Lessee shall not be liable to Lessor for damage to subsurface structures unless such damage is caused by Lessor's gross negligence or willful misconduct. (j) Notwithstanding the foregoing, Lessor reserves the right to use this Property for agricultural, ranch, grazing, housing, or other related purpose, or to lease the surface Property and grant easements and licenses on over and across such property to other persons for any purpose and, except as set forth below, any income derived by the Lessor therefrom shall belong entirely to the Lessor, provided however that such use contamination or adverse effect does not include any geothermal development or installation of any facilities related to geothermal development or commercial generation of electricity, and provided that Lessor's activities preserve the existing commercial productivity and environmental integrity of the Property, and provided further that the Lessor's activities do not negatively affect the viability of the Resources in any matter whatsoever or materially impair, delay or increase the cost of the activities of the Lessee hereunder. Lessor agrees to provide to Lessee a copy of any lease agreement entered into between Lessor and any surface tenant regarding the lease of any portion of the Property subject to this Agreement. Lessor agrees to provide any surface tenants with the portions of this Agreement applicable to surface rights, and to notify such surface tenants that their rights are subordinate to the rights of the Lessee hereunderoccur. (k) Lessee agrees to use its good faith efforts to conduct its activities and operations on the Property in a manner that minimizes the impact thereof on Lessor 's activities and operations on the Property, including Lessor's agricultural activities in the manner being currently conducted.

SURFACE OPERATIONS. (a) No well Lessee shall be drilled not perform any activity, including the drilling of ▇▇▇▇▇, (i) within one thousand feet (1,000') feet of any residence, structure, or other building now on buildings or improvements, (ii) or which interfere with the Propertyuse of the Property by Lessor, without the prior written consent of the owner thereofLessor however that such consent shall not be unreasonably withheld. In no event shall such activity interfere with any rights of record held by any third parties, unless Lessee is able to obtain such third parties' prior written consent. (b) Lessor may build any improvements on the Property provided Lessor gives Lessee written notice and Lessor's improvements do not directly interfere with Lessee's activity on the Property existing at the time of Lessor's notice. (c) Lessee shall pay Lessor for any damages to agricultural produce, products, commodities or crops and any and all other surface improvements caused by its operations on the Property or adjacent to the Property. Such payments shall are to be based upon the fair market value of such produce, products, commodities, or crops or improvements at the time such damage occurs. However, if damage to agricultural produce, products, commodities or crops and any and all other surface improvements are permanent or substantially impair future use by Lessor, Lessee shall pay Lessor (i) the fair market value, as previously stated in this Section, and (ii) the purchase price for the impacted Property as outlined in Sections 1(j) & (l) above. (cd) In the event any buildings and/or personal property shall be damaged, destroyed, or required to be removed because of Lessee's operations on the Property, Lessee shall be liable for payment of the reasonable replacement value thereof to the ownerLessor. (de) Upon completion of any well drilled on the Land, Lessee shall level and fill all sump holes and excavations, excavations and shall remove all debris, debris and shall maintain the location of such well in a clean and sanitary condition. (ef) Lessee in its operations on the Property shall at any and all times give due and proper regard for the rights, convenience, and health, welfare and safety of Lessor and all persons lawfully occupying or using the Property. (fg) Lessee agrees to fencing, fencing and marking with appropriate signage, all permanent facilities, such as individual ▇▇▇▇▇, and to provide temporary fencing during construction, construction and around all areas of operation. (gh) Upon abandonment of any uncompleted or completed well and upon termination of this Agreement, Lessee shall level and fill all sump holes and excavations and shall remove all debris and leave the location of each such well in a clean and sanitary condition, and further, if requested, requested in writing, writing by Lessor, the owner of the surface area, or any governmental agency with authority to require such action, Lessee shall cement in and plug each such well in such manner and to such extent as to insure against any discharge from the same. (hi) Any ▇▇▇▇▇ drilled by Lessee hereunder shall be drilled in a manner so as not to materially affect any existing well of the surface owner of the Property Lessor and sufficient casing shall be set and cemented in such ▇▇▇▇▇ drilled by Lessee so as to seal off and protect surface waters. (ij) Lessee agrees to conduct all operations hereunder with reasonable diligence and in accordance with prudent geothermal industry operating practices, including, but not limited to, the operational standards and specifications of the Federal Bureau of Land Management, the California Department of Oil, Gas, and Geothermal Resources, and the applicable California Regional Water Quality Control Board. Lessee shall be liable to Lessor and shall indemnify Lessor for subsidence or surface damages resulting from its operations hereunder, provided that Lessee shall not be liable to Lessor for damage to subsurface structures unless if such damage is solely caused by Lessor's gross negligence or willful misconduct. (jk) Notwithstanding the foregoingforegoing provisions of this Agreement, Lessor reserves the right to use this the Property for agricultural, ranchaquaculture, grazing, housing, or and other related purpose, or commercial and/or recreational purposes. Lessor further reserves the right to lease the surface of the Property and grant easements and licenses on on, over and across such property the Property to other persons for any purpose andwhich does not materially interfere with Lessee’s use and enjoyment of the rights granted under this Agreement, except as set forth belowor the productivity of the Resources, and any income derived by the Lessor therefrom shall belong entirely to the Lessor. In addition, provided however that such use does not include Lessor hereby agrees to indemnify and hold Lessee harmless from any geothermal development damage to facilities or installation personnel as a result of any facilities related to geothermal development or commercial generation of electricity, and provided that Lessor's activities preserve the existing commercial productivity and environmental integrity or its invitees use of the Property, and provided further that the Lessor's activities do not negatively affect the viability of the Resources in any matter whatsoever or materially impair, delay or increase the cost of the activities of the Lessee hereunder. Lessor agrees to provide to Lessee a copy of any lease agreement entered into between Lessor and any surface tenant regarding the lease of any portion of the Property subject to this Agreement. Lessor agrees to provide any surface tenants with the portions of this Agreement applicable to surface rights, and to notify such surface tenants that their rights are subordinate to the rights of the Lessee hereunder. (kl) Lessee agrees to use its good faith efforts to conduct its activities and operations on the Property in a manner that minimizes the impact thereof on Lessor 's activities and operations on the Property, including Lessor's agricultural activities in the manner currently being currently conducted. (m) Lessor shall apply to the Imperial County to place all qualifying Property, as determined by Imperial County, into the ▇▇▇▇▇▇▇▇▇▇ Act. Lessor shall pay all fees associated with the application and placement of qualifying Property into the ▇▇▇▇▇▇▇▇▇▇ Act. In addition to compensation discussed in this Agreement related to the purchase of all or a portion of the Property, Lessee shall be solely responsible for all fees and penalties associated with getting all or the portion of Property out of the ▇▇▇▇▇▇▇▇▇▇ Act or for the disqualification of the ▇▇▇▇▇▇▇▇▇▇ Act status due to Lessee's activities on the Property, which includes, but is not limited to, application fees to the Board of Supervisors, attorneys' fees and penalty fees. Additionally, Lessee shall be solely responsible for all fees and penalties