Surface Use Agreement Terms Sample Clauses

Surface Use Agreement Terms. Each such Peabody SUA shall be site-specific and shall cover only those portions of Peabody’s or its Affiliates’ surface estate that are (i) owned or leased by Peabody or an Affiliate as of the date hereof, (ii) included within surveyed locations for specific drill sites and related facilities and infrastructure for which CNX has prepared development plans with proposed work schedules, and (iii) covered by drilling or similar permits or other applications filed or to be filed by CNX with applicable Governmental Authorities for w▇▇▇▇ and related facilities and infrastructure. Each of CNX’s requests for a Peabody SUA shall be accompanied by reasonably detailed documentation demonstrating that the conditions set forth in clauses (ii) and (iii) hereof have been satisfied. Notwithstanding the foregoing, nothing in this Agreement shall be interpreted or construed to restrict CNX’s common law or statutory rights to use the surface overlying the Peabody Oil and Gas Interests as an incident or right appurtenant to the Peabody Oil and Gas Interests acquired by it under this Agreement.