RESERVATIONS TO LESSOR. All rights in the leased area not granted to Lessee by this Lease are hereby reserved to Lessor. Without limiting the generality of the foregoing, such reserved rights include: (a) Disposal - the right to sell or otherwise dispose of the surface of the leased lands or any resource in the leased lands under existing laws, or laws hereinafter enacted, subject to the rights of the Lessee under this Lease. (b) Rights of Way - the right to authorize geological and geophysical explorations on the leased land which do not interfere with or endanger actual operations under this Lease and the right to grant such easements or rights of way for joint or several use upon, through, or in the leased area for steam lines and other public or private purposes which do not interfere with or endanger planned or actual operations or facilities constructed under this Lease. (c) Mineral Rights - the ownership of the right to extract minerals, oil, hydrocarbon gas, and helium from the leased lands. (d) Casing - the right to acquire the well and casing at the fair market value of the casing where the Lessee finds only potable water, and such water is not required in lease operations. (e) Measurements - the right to measure geothermal resources and to sample any production thereof. (f) Exploit Unused Geothermal Potential - to the extent Lessee does not construct a power plant which utilizes the full potential of the geothermal resource available from the Premises (estimated to be capable of serving a ten (10) megawatt plant) or is not preceding in a reasonable manner to expand its plant within a reasonable period, Lessor shall have the right after giving twelve (12) months' written notice to construct a power plant to utilize the potential not being exploited by Lessee's power plant or power plants. However, Lessor shall not construct an additional power plant if Lessee provides an opinion of Geothermex, Inc. which opinion states that the plant planned by Lessor would adversely affect the geothermal fluids or the use of the geothermal resource currently being made by Lessee.
Appears in 1 contract
Sources: Geothermal Resources Lease (Ormat Technologies, Inc.)
RESERVATIONS TO LESSOR. All rights in the leased area Leased Premises not granted to Lessee by this Lease are hereby reserved to Lessor, provided that Lessor shall not exercise its rights in such a way as to interfere with Lessee's use of the geothermal resource on the Leased Premises as permitted hereunder. Without limiting the generality of the foregoing, such Lessor's reserved rights include:
(a) Disposal - the right to sell or otherwise dispose of the surface of the leased lands Leased Premises or any resource in the leased lands Leased Premises under existing laws, or laws hereinafter enacted, subject to the rights of the Lessee under this Lease.
(b) Rights of Way - the right to authorize geological and geophysical explorations on the leased land Leased Premises which do not interfere with or endanger actual operations under this Lease and the right to grant such easements or rights of way for joint or several use upon, through, or in the leased area Leased Premises for steam lines and other public or private purposes which do not interfere with or endanger planned (of which Lessor has actual knowledge) or actual operations or facilities constructed under this Lease.
(c) Mineral Rights - the ownership of the right to extract minerals, oil, hydrocarbon gas, and helium from the leased landsLeased Premises.
(d) Casing - the right to acquire the well and casing at the fair market value of the casing where the Lessee finds only potable water, and such water is not required in lease operations.
(e) Measurements - the nonexclusive right to measure geothermal resources and to sample any production thereof.
(f) Exploit Unused Geothermal Potential Development - to the extent Lessee does not construct a power plant which utilizes the full potential of the geothermal resource available from the Premises (estimated to be capable of serving a ten (10) megawatt plant) or is not preceding in a reasonable manner to expand its plant within a reasonable period, Lessor shall have the right after giving twelve (12) months' written notice to construct a power plant to utilize develop the potential not being exploited by Lessee's power plant or power plants. However, Lessor shall not construct an additional power plant if Lessee provides an opinion land and resource for any purpose except the commercial generation of Geothermex, Inc. which opinion states that the plant planned by Lessor would adversely affect the geothermal fluids or the use of the geothermal resource currently being made by Lesseeelectricity.
Appears in 1 contract
Sources: Geothermal Resources Sublease (Ormat Technologies, Inc.)