2018-10-11_PERMIT FILE - M2018053

Home Browse Search

the property of the Lessor. The Lessee may not explore, drill, or establish any water use right or well without written permission of the Lessor. If the Lessee establishes or adjudicates any water right or use on the Premises, it shall be in the name of the Lessor. Additional payment may be required for the use of any waters as may be defined as tributary, non-tributary or not non-tributary. 31. SURRENDER AND RELINQUISHMENT -- Lessee may, at any time, by paying to Lessor all amounts then due as provided herein, surrender and cancel this Lease as to at[ or any portion of the Leased Premises and be relieved from further obligations or liability hereunder with respect to the lands so surrendered except for reclamation requirements and environmental conditions caused or created by Lessee or its agents prior to such surrender or relinquishment; provided that no partial surrender or cancellation shalt be for less than tracts of approximately 40 acres or governmental tot corresponding to a quarter-quarter section, and the rental will be reduced proportionately. This right of Lessee to surrender this Lease shalt cease and become absolutely inoperative immediately upon the institution of any suit in any court of law to enforce this Lease or any of its terms, expressed or implied. In no case shall surrender be effective until Lessee has made full provision for conservation of the minerals and protection of the surface rights of the Leased Premises as may be determined by Lessor. Further, no surrender of this Lease shalt be effective unless and until all reports, documents and information required under this Lease, are submitted to the Lessor or other governmental agencies. 32. RIGHT OF REMOVAL -- If this Lease is terminated by surrender, or expiration of its term, and at[ obligations of Lessee under this Lease are satisfied, Lessee's improvements, equipment, man-made objects of any type, including stockpiles and dumps (except as these stock piles and dumps may be disposed of pursuant to the reclamation plan) shall be removed from the Leased Premises within 6 months from the date of such termination at Lessee's expense. Such removal is to be accomplished without unnecessary waste or damage to the Leased Premises and Lessee shall restore the surface of the Leased Premises to the condition in which the Leased Premises existed immediately prior to the execution of this Lease. At[ improvements and equipment remaining on the Leased Premises 6 months after the termination hereof shalt, at the option of Lessor, be forfeited to and become property of Lessor without compensation to Lessee and without necessity of execution of additional documents. 33. CONDEMNATION -- If att or any part of the Leased Premises is taken in any condemnation proceeding, this Lease shalt automatically terminate as of the date of taking. The award for such condemnation shalt be paid to Lessor, except for any specific award(s) paid to Lessee for severed minerals reserves, in which event a percent of such specific award(s) equal to royalty shalt be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements shall be removed by Lessee pursuant to the preceding paragraph. If only a portion of the Leased Premises is taken by condemnation, Lessor may, at its option, terminate this Lease or terminate only that portion of the Lease so taken. 34. COMPLIANCE WITH LAWS --The Lessee shalt comply with all applicable federal, state and local ordinances, regulations and taws regarding the Premises and activities conducted thereon or by virtue thereof. Furthermore the Lessee shall not use or permit the Leased Premises to be used in violation of any such rule, regulation or law or for any purpose tending to damage or harm the Premises or improvements thereon or adjacent thereto, or the image or attractiveness thereof, or Page 13 of 18