Common use of Surface Use Clause in Contracts

Surface Use. (a) Lessee is prohibited from using the surface of the Land for any purpose, but Lessee may engage in directional drilling activities beneath the Land that are conducted on the surface of other land. Any directional drilling must penetrate the Land sufficiently below the surface as to not interfere with the present or future use of the surface of the Land for commercial or residential use, and in no event may the directional drilling penetrate the Land less than 500 feet below the surface. A directional well drilled under this provision shall be considered to be located on the Land. (b) The Land is currently used as the site for a public school, and has high potential to be further developed for that purpose and similar purposes. At a minimum, all activities involving the Land shall be conducted in accordance with the requirements of the code and/or ordinances (as amended or supplemented from time to time) of the city where the Land is located (the “Applicable City Code”) applicable to the Land and in a manner so as to minimize the impact on the use or potential use of the Land for school or similar purposes. If there is a conflict between the provisions of this Lease and the provisions of the Applicable City Code, then: (i) to the extent that the provisions of this Lease impose a lesser obligation on Lessee than the Applicable City Code, the Applicable City Code shall control; and (ii) to the extent that the provisions of this Lease impose a greater obligation on Lessee than the Applicable City Code, then the provisions of this Lease shall control.