Common use of Surface Use Clause in Contracts

Surface Use. Except as set forth on Schedule 5.34, to such Seller’s Knowledge, none of the Leases, Contracts, or Surface Rights and Rights of Way of such Subject Company or its Subsidiaries are subject to any material restrictions on the use by such Subject Company or its Subsidiaries of the surface, in connection with Hydrocarbon operations, that would materially and adversely affect the operation of the Assets of such Subject Company and its Subsidiaries as owned and operated as of the Execution Date.

Surface Use. Except as set forth on Schedule 5.345.33, to such the Knowledge of Seller’s Knowledge, none of the Leases, Contracts, or Surface Rights and Rights of Way of such the Subject Company or its Subsidiaries (if any) are subject to any material restrictions on the use by such the Subject Company or its Subsidiaries (if any) of the surface, in connection with Hydrocarbon or water operations, that would materially and adversely affect the operation of the Assets of such the Subject Company and its Subsidiaries (if any) as owned and operated as of the Execution Date.

Surface Use. Except as set forth on Schedule 5.34, to such Seller’s Knowledge, none of the Leases, Contracts, Contracts or Surface Rights and Rights of Way of such Subject Company or its Subsidiaries are subject to or contain any material restrictions on the use by such Subject Company or its Subsidiaries of the surface, in connection with Hydrocarbon operations, that would materially and adversely affect the operation of the Assets of such Subject Company and its Subsidiaries as currently owned and operated as of the Execution Dateoperated.