SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO 406 ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A 407 MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND 408 RECORDER. 409 8.7.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT 410 TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION 411 OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING XXXXX, REWORKING 412 OF CURRENT XXXXX AND GAS GATHERING AND PROCESSING FACILITIES.
SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER.
SURFACE USE AGREEMENT. With respect to the Owned Real Property located at Columbus, Mississippi, Seller and Purchaser shall negotiate in good faith to, as promptly as practicable after the date of this Agreement, but in any event prior to Closing, a customary form of surface use agreement with respect to the exploitation of such interests by Seller (or its lessees or assigns) in a form reasonably approved by Seller and Purchaser.
SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO 325 ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A 326 MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND 327 RECORDER. 328 8.7.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT 329 TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION 330 OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING XXXXX, REWORKING 331 OF CURRENT XXXXX AND GAS GATHERING AND PROCESSING FACILITIES. 332 8.7.4. ADDITIONAL INFORMATION. XXXXX IS ENCOURAGED TO SEEK ADDITIONAL 333 INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING 334 DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL 335 AND GAS CONSERVATION COMMISSION. 336 8.7.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, 337 or not covered by the owner’s title insurance policy. 338 8.8. Consult an Attorney. Xxxxx is advised to timely consult legal counsel with respect to all such matters as there are 339 strict time limits provided in this Contract (e.g., Record Title Objection Deadline and Off-Record Title Objection Deadline). 340 9. NEW ILC, NEW SURVEY. [Section intentionally deleted]. 341 342 DISCLOSURE, INSPECTION AND DUE DILIGENCE 343 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE 344 OF WATER. 345 10.1. Seller’s Property Disclosure. [Section intentionally deleted]. 346 10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose to Buyer 347 any adverse material facts actually known by Seller as of the date of this Contract. Xxxxxx agrees that disclosure of adverse material 348 facts will be in writing. In the event Xxxxxx discovers an adverse material fact after the date of this Contract, Seller must timely 349 disclose such adverse fact to Buyer. Buyer has the Right to Terminate based on the Seller’s new disclosure on the earlier of 350 Closing or five days after Xxxxx’s receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer 351 acknowledges that Seller is conveying the Property to Buyer in an “As Is” condition, “Where Is” and “With All Faults.” 352 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections 353 (by one or more third parti...
SURFACE USE AGREEMENT. Xxxxx shall use commercially reasonable efforts to obtain the consent to the assignment of the Surface Use Agreement to the Buyer or the Buyer Subsidiary prior to the Closing. If such consent is not obtained by the Closing Time and the Closing occurs, then from and after the Closing Time:
SURFACE USE AGREEMENT. Lessee shall consult with the surface owner of the leased premises prior to commencing construction regarding the location of any roads, fences, pipelines or power lines, or installation of any production equipment, tank batteries or produced water disposal equipment, and regarding reclamation planning. Lessee shall take reasonable precautions to minimize adverse impact to farming and ranching operations on, and environmental and aesthetic degradation of, the surface of the leased premises, and follow generally accepted industry practices to protect fresh water strata from contamination and protect the surface from exposure to produced water and other contaminants. Lessee shall pay the surface owner for damages to growing crops, grass, buildings, livestock, fences and other improvements and personal property caused by Lessee’s operations. Lessee shall enter into good faith negotiations with the owner of the surface of the leased premises for a surface use agreement prior to Lessee’s entering upon or occupying the surface of the leased premises and, where such agreement is not reached, follow all applicable statutory and regulatory procedures for exercising its rights under this lease. Within six months after the termination of this lease, Lessee shall restore any of the leased premises disturbed by its operations to as near its condition at the beginning of this lease as practicable, and remove all machinery and fixtures placed by Lessee on said premises pursuant to this lease. The requirements of this paragraph shall apply to any and all surface-disturbing operations on the leased premises, including, but not by way of limitation, seismic and geophysical operations, whether the same are conducted under the authority of this lease or of any other lease covering the leased premises, and, by acceptance of this lease, Lessee acknowledges that the owner of the surface of the leased premises is, and is intended to be, a third party beneficiary of this Paragraph 12 and shall be entitled to enforce the same.
SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO 475 ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A 476 MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND 477 RECORDER. 478 8.78.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT 479 TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION 480 OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING XXXXX, REWORKING 481 OF CURRENT XXXXX AND GAS GATHERING AND PROCESSING FACILITIES. 482 8.78.4. ADDITIONAL INFORMATION. XXXXX IS ENCOURAGED TO SEEK ADDITIONAL 483 INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING 484 DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL 485 AND GAS CONSERVATION COMMISSION. 486 8.78.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, or 487 not covered by the owner’s title insurance policy.
SURFACE USE AGREEMENT. NRG and TWCC agree that the Surface Use Agreement by and between Houston Lighting & Power Company, now NRG and Northwestern Resources Co., now TWCC, dated February 12, 1998 and recorded in Volume 987, Page 803, of the Deed Records of Freestone County (the “Surface Use Agreement”) continues to be in full force and effect unless terminated by the provisions contained therein.
SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING XXXXX, REWORKING OF CURRENT XXXXX, AND GAS GATHERING AND PROCESSING FACILITIES. ADDITIONAL INFORMATION. PURCHASER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL AND GAS CONSERVATION COMMISSION.
