Surface Restrictions. Except as set forth in Schedule 3.01(y) (and other than certain standard provisions in Leases which may restrict drilling within certain distances from dwellings and structures), none of the Properties are subject to any written surface waivers or surface or site access restrictions that would prevent Buyer from reasonably enjoying the economic benefits of any Lease. When used in this Section 3.01, references to “knowledge of the Xxxxx-Xxxx Parties” or similar phrases, means the actual knowledge of the Chief Executive Officer, Chief Financial Officer, Chief Legal Officer, Vice President, Operations and Vice President, Land of the Xxxxx-Xxxx Parties, after making such reasonable investigation or inquiry as such officer or manager would normally make within the course and scope of his or her duties and responsibilities.
Surface Restrictions. Surface hereby covenants that it and its Affiliates shall not seek to or actually clinically develop or commercialize any Program-Benefited Antibody, or product containing either of the foregoing (other than the activities permitted hereunder during the Research Term and the Evaluation Term for the purpose of determining whether or not to exercise an Option for such Target), without first executing the Commercial Option with Adimab with respect to the applicable Target. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. DEVELOPMENT AND OPTION AGREEMENT
Surface Restrictions. Surface hereby covenants that it and its Affiliates shall not seek to or actually clinically develop or commercialize any Program-Benefited Antibody, or product containing either of the foregoing (other than the activities permitted hereunder during the Research Term and the Evaluation Term for the purpose of determining whether or not to exercise an Option for such Target), without first executing the Commercial Option with Adimab with respect to the applicable Target.
Surface Restrictions. Except as set forth in Schedule 3.22, to Seller’s Knowledge, none of the Properties are subject to any restrictions on any lessee’s use of the surface in connection with Hydrocarbon operations that would materially affect such use or operations, and no Property is burdened by any encumbrance that contains any such restrictions.
Surface Restrictions. Except as set forth on Schedule 3.1(x), to Sellers’ Knowledge, none of the Leases are subject to any restrictions that prohibit access to the surface of the lands covered by the Lease.
Surface Restrictions. Except as set forth in Schedule 4.12, none of the Leases are subject to any restrictions on any lessee’s use of the surface in connection with Hydrocarbon operations that would materially affect such use or operations, including operations with respect to the Target Zone, and no Lease is burdened by any Encumbrance (other than Permitted Encumbrances) that contains any such restrictions.
Surface Restrictions. Except as set forth on Schedule 3.2(hh) of the Company Disclosure Schedule, to the Company’s knowledge, none of the Leases are subject to any restrictions that prohibit access to the surface of the lands covered by the Lease.
Surface Restrictions. Except as set forth in Schedule 3.25, to the Company’s knowledge, none of the Company Earned Leases are subject to any restrictions on any lessee’s use of the surface in connection with Hydrocarbon operations from such Company Earned Lease that would materially and adversely affect such use or operations in the governmental section in which the lands covered by such Company Earned Lease are located.
Surface Restrictions. None of the Leases are subject to any restrictions on any lessee’s use of the surface in connection with Hydrocarbon operations that would materially affect such use or operations, and no Lease is burdened by any Encumbrance (other than Permitted Encumbrances) that contains any such restrictions. Subject to the special warranty of title in the Assignment, any obligation, representation, or warranty described in Article IV that also is a Title Defect and governed by Article X will be treated only by processes set forth in Article X.
