Laserfiche WebLink
and in a manner that shall minimize, to the extent practicable, any disturbance <br />of or interference with the use of the Lands by Surface Owner; <br />j. Twentymile will insure that its employees, agents, licensees, contractors, <br />subcontractors and invitees who enter upon the Lands shall comply with the <br />terms of this Agreement; <br />k. Twentymile agrees to take all reasonable steps necessary to avoid any injury <br />to or unnecessary interference with Surface Owner's livestock; and <br />No person who is on the Lands by virtue of the rights granted to Twentymile <br />hereunder shall be permitted to carry firearms or do or perform any act except <br />those acts. that are reasonably related to the rights granted hereby. <br />Specifically, but not by way of limitation, no such person shall be permitted to <br />engage in recreational .pursuits, including hunting and fishing on or within the <br />boundaries of the Lands. <br />5. Rights Reserved by Surface Owner. Surface Owner is actively engaged in <br />agricultural and/or recreational operations on or within the vicinity of the Lands and <br />Surface Owner, in connection with its agricultural and/or recreational operations, <br />hereby specifically reserves unto itself, its successors and assigns the following <br />described rights: <br />a. Surface Owner shall have the continuing right to capture and divert all waters <br />of every nature whatsoever at any time existing upon the Lands, including, but <br />not limited to, stream flows, flood flows, waste waters and percolating waters <br />upon such Lands; <br />b. Surface Owner shall have the continuing right to use all existing roads crossing <br />any portion of the Lands for ingress and egress to and from any and all lands <br />contiguous to and which are owned or controlled by Surface Owner; <br />c. Twentymile's rights to use the surface of the Lands under this Agreement are <br />non-exclusive and expressly subject to Surface Owner's right to use and <br />occupy, and to permit others to use and occupy, the Lands or any part thereof <br />for pasturing of animals and haying, hunting, fishing and other recreational <br />uses of all kinds, or for any other purpose not inconsistent with Twentymile's <br />rights hereunder, together with all rights reasonably necessary to those <br />purposes. Twentymile's rights hereunder shall be exercised so as not to <br />unreasonably interfere with Surface Owner's interests, and Surface Owner <br />shall exercise such rights so as not to unreasonably interfere with the activities <br />of Twentymile permitted hereunder. In the event of any conflict, Twentymile's <br />estate shall be dominant; and <br />d. Surface Owner shall have the continuing right to conduct its ongoing <br />agricultural and/or recreational operations upon the Lands, which use shall not <br />be considered or construed to be an unreasonable interference with <br />cosubsid.doc/Itg - rJ - <br />