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2013-12-12_REVISION - C1982056
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2013-12-12_REVISION - C1982056
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Entry Properties
Last modified
8/24/2016 5:38:02 PM
Creation date
12/12/2013 10:16:32 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1982056
IBM Index Class Name
Revision
Doc Date
12/12/2013
Doc Name
Ashley Agreement (Emailed)
From
Jerry Nettleton
To
DRMS
Type & Sequence
MR272
Email Name
JDM
DIH
Media Type
D
Archive
No
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including, but not rmited to exploration dMing and construction of <br />subsidence monuments; lull) Installation of an electric powerline; NAM) <br />remove and replace drainage culverts, if necessary; and (Ix1 general <br />reclamation of disturbed areas; <br />b. Surface Owner agrees that it shall not grant or allow any oil and /or gas <br />exploration and related drilling activities upon the surface of the Lands <br />without the prior written consent of Cyprus, which consent shall not be <br />unreasonably withheld. Any such agreements entered into by Surface <br />Owner shall, to the extent possible, be made subject to this Agreement and <br />Cyprus' rights hereunder; <br />c. Cyprus, its employees, agents, licensees, invitees, contractors, <br />subcontractors, successors and assigns shall have the continuous right and <br />privilege to undermine the surface of the Lands, including the right to enter <br />upon the Lands to repair any significant subsidence damage that may occur <br />to the surface of the Lands and any improvements located thereon. Cyprus <br />shall have the right to use so much of the surface and subsurface of the <br />Lands as may be found necessary, useful or convenient in carrying out the <br />purposes of its operations in accordance with paragraph 4(a) above and <br />without being required to leave or provide subjacent or lateral support for <br />the overlying strata or surface or anything located thereon, therein or <br />thereunder. Surface Owner spech%ally authorizes Cyprus to undernune any <br />and all Improvements, including occupied structures, which are located <br />within one hundred feet (1001) of Cyprus' underground mining operations. <br />d. In the event of an emergency, Cyprus may utilize so much of the surface <br />of the Lands as it determines may be necessary, useful or convenient until <br />the emergency has either been eliminated or averted. Cyprus shall notify <br />Surface Owner of all emergency situations and the conditions surrounding <br />such within twenty -four (24) hours after Cyprus determines that an <br />emergency situation exists. <br />e. Cyprus at all times will fully and promptly comply with all applicable laws, <br />rules and regulations of any governmental authority which apply to its use <br />of the Lands for the hereinabove stated purposes; <br />f. Cyprus may use all improvements, including all rights appurtenant thereto, <br />which are located on the Lands; reserving, however, unto Surface Owner <br />the exclusive right to use and /or occupy all buildings located on the Lands <br />which belong to Surface Owner. Surface Owner agrees to use and /or <br />occupy the buildings in such a manner so as not to unreasonably interfere <br />with Cyprus' operations on the Lands. <br />g. Cyprus is hereby given the right of ingress and egress for itself, its <br />employees, agents, licensees, contractors, subcontractors, invitees, <br />eooubsid.00enc$ - 4, <br />
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