Laserfiche WebLink
(or its monetary value), Surface Owner shall accept Cyprus' offer and the <br />transfer shall take place pursuant to such offer and acceptance. If Cyprus <br />makes an alternative offer, Surface Owner may accept either offer, and the <br />transfer shall take place pursuant to such offer and acceptance. If the transfer <br />is to a third party, such third party shall be bound to all the terms and conditions <br />of this Agreement. If no transfer takes place, this Right of First Refusal shall <br />continue in effect for all or that part of the Lands not transferred. <br />20. Repards #ian. This Agreement may not be recorded; however, the parties hereto <br />have agreed to execute a Memorandum of Surface Use and Subsidence <br />Agreement for recording purposes in substantially the same form as that <br />attached hereto as Exhibit "B" and made a part hereof, which will refer to and <br />incorporate this Agreement therein by reference. <br />21. Surrender of the Prem "ses. When this Agreement is terminated or the current <br />Agreement term expires, Cyprus shall peaceably surrender the Lands to Surface <br />Owner, free and clear of all liens and encumbrances made or allowed by Cyprus <br />or in any way arising out of this Agreement or Cyprus' use of the Lands. In <br />addition, at the end of this Agreement Cyprus agrees to the following: <br />a. To repair any damages to Surface Owner's improvements caused by <br />Cyprus' operations; <br />b. To remove any and all buildings, equipment, materials, supplies and all other <br />improvements placed upon the Lands by Cyprus at its own cost, risk and <br />expense within ninety (90) days after the effective date of termination of <br />this Agreement; <br />c. To perform all reclamation which may be required by federal and state law; <br />and <br />d. Provide Surface Owner with a Release of Surface Use and Subsidence <br />Agreement in recordable form. <br />22. No ces• Any and all payments, notices, requests, demands and other <br />communications required or permitted to be given hereunder shall be in writing <br />and shall be deemed to have been duly given: (a) when delivered if delivered <br />personally; (b) when sent if given by prepaid telegram; or (c) one (1) day after <br />the mailing thereof by first - class, postage prepaid, mail if mailed, at the <br />respective addresses set forth below (or at such other address as may be <br />designated in a written notice and given in accordance with this paragraph): <br />cosubsid.00smg - 9 1 <br />