SURFACE OPERATIONS. The provisions in this Section apply only to the extent TAMUS owns or controls the surface estate of the LEASED PREMISES. (a) Drilling for oil and/or gas within three hundred (300) feet of any building, research area, or other designated area is prohibited, unless written consent from TAMUS is first obtained. Operations for oil and/or gas will in no way interfere with the use of the LEASED PREMISES for the trust, endowment, educational, recreational, experimental, or any other purposes for which the LEASED PREMISES was given to TAMUS or to which it has or may be put, and must not cause the abandonment of the LEASED PREMISES for trust and endowment or experimental farm purposes, if applicable. (b) TAMUS requires all pipelines be buried below plow depth (deemed to be thirty- six (36) inches) measured from the surface of the ground to the top of the pipe as laid. COMPANY shall “double-ditch” all such pipelines and flowlines. COMPANY shall not be permitted to install pipelines with diameters larger than ten (10) inches on the LEASED PREMISES without reaching a separate written agreement with TAMUS. COMPANY agrees to pay for damages caused by its operations to any surface structure or use of the LEASED PREMISES. (c) If drilling upon the LEASED PREMISES results in production, COMPANY, at its own expense, will immediately remove all drilling equipment and temporary structures and place all permanent equipment in such a manner as will not interfere with or introduce hazard to any activity of TAMUS. Should drilling result in a dry hole or holes, COMPANY shall, at its own expense, immediately remove all drilling equipment and temporary structures from the land and restore the land to the condition that existed as of the date of this Lease, or to such state as is compatible with the use then being made of the LEASED PREMISES, at the option of TAMUS. This requirement is subject to the rights of TAMUS established in Section 22. (d) COMPANY, in connection with its operations, may use only roads on the LEASED PREMISES designated by TAMUS. TAMUS may prohibit the use of its streets/roads during designated hours on specified days. All roads used by COMPANY are to be maintained by COMPANY in good condition and repair so as to allow the reasonable passage of any and all passenger vehicles. COMPANY agrees to grade only one road to each location on the LEASED PREMISES and to confine all travel incident to the drilling and production of such well to such road. All roads used by COMPANY, and those entering the LEASED PREMISES for and on behalf of COMPANY or at its request, will be used at COMPANY’s risk, and all damages to the road or to any persons or equipment utilizing the same, is at the risk of COMPANY. Costs of additional road reinforcements and repairs made necessary by the activities of COMPANY shall be borne by COMPANY. All reinforcement or repairs of current roads and construction of access roads by COMPANY must be performed according to any standards established in writing by TAMUS. (e) COMPANY agrees COMPANY will not cut or go over any fence or fences on the LEASED PREMISES without first obtaining the approval of the System Real Estate Office. COMPANY agrees, prior to cutting any fence, to brace the existing fence adequately on both sides of the proposed cut so that there will be no slackening of the wires when the fence is cut. If an outside fence is being cut, COMPANY agrees, after making such cut, to promptly install and maintain a metal gate in such opening, and such gate will be kept locked at all times. If TAMUS desires, COMPANY must also install and maintain a substantial iron cattle guard (a minimum of twelve (12) feet in width). If an inside fence is cut, COMPANY agrees, after making such cut, to promptly install and maintain a metal gate or cattle guard, whichever is designated by TAMUS. During the term of this Lease, such gates and cattle guards will be maintained by COMPANY. Upon termination of this Lease, such gates and cattle guards become the property of TAMUS at no expense to TAMUS or must be removed by COMPANY if TAMUS so requires, and in such case COMPANY will restore the fences to their original condition. COMPANY agrees to promptly close all gates that COMPANY, its agents, servants and/or employees may use in COMPANY’s operations on the LEASED PREMISES. (f) COMPANY may obtain rights from the owners of nearby lands whereon COMPANY could locate well(s) which will be directionally drilled to bottom hole location(s) beneath the LEASED PREMISES, and, in such event, surface operations on nearby lands are not subject to restrictions imposed by TAMUS; however, such well(s) so directionally drilled to a bottom hole location(s) beneath the LEASED PREMISES will, for all other purposes, be treated as drilling or production operations conducted entirely upon the LEASED PREMISES. (g) Before commencing operations and during the term of this Lease, COMPANY shall comply with and obtain any permits or licenses which may be required by federal, state or local statute in connection with the use of the LEASED PREMISES, including the Antiquities Code of Texas, Chapter 191 of the Texas Natural Resources Code (or its successor statute) and applicable rules promulgated by the Texas Historical Commission (or its successor). COMPANY shall undertake its activities on the LEASED PREMISES in a manner consistent with public policy relating to the location and preservation of archeological sites and other cultural resources in, on, or under TAMUS’ property. COMPANY shall use the highest degree of care and all reasonable safeguards to prevent the taking, alteration, damage, destruction salvage, or excavation of cultural resources and/or landmarks on TAMUS’ property. Upon discovery of an archeological site, COMPANY shall immediately give written notice of such discovery to TAMUS and to the Texas Antiquities Committee, as set out in the Texas Historical Commission’s rules. COMPANY, its contractors and employees, shall have no right, title, or interest in or to any archaeological articles, objects, or artifacts, or other cultural resources located or discovered on TAMUS’ lands, and COMPANY agrees that title to items, if any, discovered in or on TAMUS’ lands shall remain with TAMUS. (h) If any soil on the LEASED PREMISES is damaged or contaminated as a result of COMPANY’s operation from spills, leaks, dumping, pumping, or draining of saltwater, oil or any other chemicals or substances, COMPANY shall clean up and restore and reseed the soil, and do everything reasonably necessary to restore the soil to as near its original condition as is possible. If COMPANY fails to comply with this obligation following ninety (90) days after written notice to COMPANY from TAMUS, TAMUS may undertake this cleanup and restoration and be entitled to recover from COMPANY an amount equal to two (2) times TAMUS’ cost for the cleanup and restoration.
Appears in 1 contract
Sources: Oil and Gas Lease
SURFACE OPERATIONS. The provisions in this Section apply only to the extent TAMUS owns or controls any interest in the surface estate of the LEASED PREMISES.
(a) Drilling for oil and/or gas within three hundred (300) feet of any building, research area, or other designated area is prohibited, unless written consent from TAMUS is first obtained. Operations for oil and/or gas will shall in no way interfere with the use of the LEASED PREMISES for the trust, endowment, educational, recreational, experimental, or any other purposes for which the LEASED PREMISES was given to obtained by TAMUS or to which it has or may be put, and must not cause the abandonment of the LEASED PREMISES for trust and endowment or experimental farm purposes, if applicable.
(b) TAMUS requires all All pipelines shall be buried below plow depth not less than forty-eight (deemed to be thirty- six (3648) inches) inches deep measured from the surface of the ground to the top of the pipe as laid. COMPANY shall “double-ditch” all such pipelines and flowlinesflow lines. COMPANY shall not be permitted to install pipelines with diameters larger than ten (10) inches on the LEASED PREMISES without reaching a separate TAMUS’ prior written agreement with TAMUSconsent. COMPANY agrees to pay for damages caused by its operations to any surface structure or use of the LEASED PREMISES.
(c) If drilling upon the LEASED PREMISES results in production, COMPANY, at its own expense, will immediately fence the drilling and production site with fencing suitable considering the surrounding environment. Further, COMPANY must remove all drilling equipment and temporary structures and place all permanent equipment in such a manner as will not interfere with or introduce hazard to any activity of TAMUS. Should drilling result in a dry hole or holes, COMPANY shall, at its own expense, immediately remove all drilling equipment and temporary structures from the land and restore the land to the condition that existed as of the date of this Lease, or to such state as is compatible with the use then being made of the LEASED PREMISES, at the option of TAMUS. This requirement is subject to the rights of TAMUS established in Section 2226.
(d) COMPANY, in connection with for its operations, may use only roads on the LEASED PREMISES designated by TAMUS. TAMUS may prohibit the use of using its streets/roads during designated hours on specified days. All roads used by COMPANY are to shall be maintained by COMPANY in good condition and repair so as to allow the reasonable passage of any and all passenger vehicles. COMPANY agrees to grade only one road to each location on the LEASED PREMISES and to confine all travel incident to the drilling and production of such well to such road. All roads used by COMPANY, COMPANY and those entering the LEASED PREMISES for and on behalf of COMPANY or at its request, request will be used at COMPANY’s risk, risk and all damages to the road or to any persons or equipment utilizing the same, is at the risk of COMPANY. Costs of additional road reinforcements and repairs made necessary by the activities of COMPANY shall be borne by COMPANY. All reinforcement or repairs of current roads and construction of access roads by COMPANY must be performed according to any standards established in writing by TAMUS.
(e) COMPANY agrees COMPANY will not cut or go over any fence or fences on the LEASED PREMISES without first obtaining the approval of the System Real Estate Office. COMPANY agrees, prior to cutting any fence, to brace the existing fence adequately on both sides of the proposed cut so that there will be no slackening of the wires when the fence is cut. If an outside fence is being cut, COMPANY agrees, after making such cut, to promptly install and maintain a metal gate in such opening, and such gate will be kept locked at all timeslocked. If TAMUS desiresrequires, COMPANY must also install and maintain a substantial iron cattle guard (a minimum of twelve (12) feet in width). If an inside fence is cut, COMPANY agrees, after making such cut, to promptly install and maintain a metal gate or cattle guard, whichever is designated by TAMUS. During the term of this Lease, such gates and cattle guards will be maintained by COMPANY. Upon termination of this Lease, such gates and cattle guards become the property of TAMUS at no expense to TAMUS or must be removed by COMPANY if TAMUS so requires, and in such case COMPANY will restore the fences to their original condition. COMPANY agrees to promptly close all gates that COMPANY, its agents, servants and/or employees may use in COMPANY’s operations on the LEASED PREMISES.
(f) COMPANY may obtain rights from the owners of nearby lands whereon COMPANY could locate well(s) which will be directionally drilled to bottom hole location(s) beneath the LEASED PREMISES, and, in such event, surface operations on nearby lands are not subject to restrictions imposed by TAMUS; however, such well(s) so directionally drilled to a bottom hole location(s) beneath the LEASED PREMISES will, for all other purposes, be treated as drilling or production operations conducted entirely upon the LEASED PREMISES.
(g) Before commencing operations and during the term of this Lease, COMPANY shall comply with and obtain any permits or licenses which may be required by federal, state or local statute in connection with the use of the LEASED PREMISES, including the Antiquities Code of Texas, Chapter 191 of the Texas Natural Resources Code (or its successor statute) and applicable rules promulgated by the Texas Historical Commission (or its successor). COMPANY shall undertake its activities on the LEASED PREMISES in a manner consistent with public policy relating to the location and preservation of archeological sites and other cultural resources in, on, or under TAMUS’ property. COMPANY shall use the highest degree of care and all reasonable safeguards to prevent the taking, alteration, damage, destruction salvage, or excavation of cultural resources and/or landmarks on TAMUS’ property. Upon discovery of an archeological site, COMPANY shall immediately give written notice of such discovery to TAMUS and to the Texas Antiquities Committee, as set out in the Texas Historical Commission’s rules. COMPANY, its contractors and employees, shall have no right, title, or interest in or to any archaeological articles, objects, or artifacts, or other cultural resources located or discovered on TAMUS’ lands, and COMPANY agrees that title to items, if any, discovered in or on TAMUS’ lands shall remain with TAMUS.
(h) If any soil on the LEASED PREMISES is damaged or contaminated as a result of COMPANY’s operation from spills, leaks, dumping, pumping, or draining of saltwater, oil or any other chemicals or substances, COMPANY shall clean up and restore and reseed the soil, and do everything reasonably necessary to restore the soil to as near its original condition as is possible. If COMPANY fails to comply with this obligation following ninety (90) days after written notice to COMPANY from TAMUS, TAMUS may undertake this cleanup and restoration and be entitled to recover from COMPANY an amount equal to two (2) times TAMUS’ cost for the cleanup and restoration.twelve
Appears in 1 contract
Sources: Oil and Gas Lease