Surface Access Clause Samples
The Surface Access clause defines the rights and obligations related to accessing the surface of a property or project site. Typically, it outlines who may enter the surface area, under what conditions, and for what purposes, such as construction, maintenance, or inspection. For example, it may grant a contractor the right to use certain roads or pathways or restrict access to sensitive areas. This clause ensures that all parties understand and agree on how and when the surface can be accessed, thereby preventing disputes and protecting both operational needs and property rights.
Surface Access. The Entitlement Bands agree that, from and after their Shortfall Acres Acquisition Date, where Entitlement Land has been Purchased and all Minerals have not been Purchased or all Mineral Dispositions have not been removed, or arrangements satisfactory to Canada, the Entitlement Band and the Mineral Disposition Holder have not been made for the surrender of the Mineral Disposition and recreation thereof pursuant to applicable federal legislation prior to the date upon which such Entitlement Land is to be set apart as an Entitlement Reserve, the parties agree that the following conditions will apply in respect of any such Minerals or Mineral Dispositions, namely:
(a) the Entitlement Land will not be set apart as an Entitlement Reserve until:
(i) where there is a Surface Lease, the Entitlement Band has, subject to the requirements of the Act and any other applicable federal legislation, entered into an agreement to honour the same;
(ii) where such Mineral Disposition consists of an interest held by a Fee Simple Mineral Owner or Disposition Holder but there are no existing Surface Leases granting surface access, the Entitlement Band has, pursuant to applicable federal legislation, entered into an agreement with any Fee Simple Mineral Owners or Mineral Disposition Holders to provide surface access to such Persons and their duly authorized servants and agents;
(iii) where any Fee Simple Mineral Owner or Mineral Disposition Holder cannot, after reasonable efforts by the Entitlement Band, be located or, having been located, indicates unwillingness to enter into an agreement with respect to surface access then, subject to applicable federal legislation, the Entitlement Band shall execute and deliver to Canada a binding agreement or undertaking (together with a Band Council Resolution approving the same) which permits issuance by the Minister, after the creation of the Entitlement Reserve, of an appropriate permit or other right under federal legislation to ensure surface access to such Mineral Disposition Holder or Fee Simple Mineral Owner;
(b) subject to applicable federal legislation, the provisions of section 5.05 shall no longer be applicable if Canada enacts legislation to provide for mechanisms which ensure surface access to a Fee Simple Mineral Owner or a Mineral Disposition Holder in respect of Entitlement Reserves on terms and conditions similar to those contained in The Surface Rights Acquisition and Compensation Act, R.S.S. 1978, c. S-65; and
(c) notwith...
Surface Access. Other than the surface leases, permits, rights-of-way, licenses, easements, and other surface rights agreements described on Exhibit C, there are no surface use or access agreements currently in force and effect that would materially interfere with oil and gas operations on the Leases as currently conducted. Seller has a legal right of access to all of the Leases and ▇▇▇▇▇.
Surface Access. Other than the surface leases, permits, rights-of-way, licenses, easements, and other surface rights agreements described on Exhibit A, Part 5A and Exhibit A – Part 5B, there are no surface use or access agreements currently in force and effect that would materially interfere with oil and gas operations on the Leases as currently conducted. Such Seller has a legal right of access to all of the Leases, ▇▇▇▇▇ and Units, and following the Initial Closing, Buyer will have a legal right of access to all of the Leases, ▇▇▇▇▇ and Units.
Surface Access. No surface use or access agreements that are currently in force and effect would materially interfere with oil and gas operations on the Laramie Leases as currently conducted.
Surface Access. To the Knowledge of NP or the Sellers, there are no third-party surface use or access agreements currently in force and effect that would materially interfere with the Business, and NP has the necessary surface use and access agreements to operate the Business.
Surface Access. No surface use or access agreements that are currently in force and effect would materially interfere with oil and gas operations on the Delta Leases as currently conducted.
Surface Access. Expatriate and YK Group acknowledge and agree Wit any surface access created or constructed by a Party to the Claims is for its own use, and the other Party is prohibited from use of such access roads and trails without the prior written consent of the other Party, such consent not to be unreasonably withheld or delayed and subject to the paramount rights of Expatriate to conduct its operations on the Claims in respect of its metal exploration and mining activities and any reasonable conditions that may be imposed by the party providing such road or trail infrastructure.
Surface Access. Purchaser agrees, subject to sub clause 7(b) hereof, to allow Vendor, at no cost or expense to Vendor, reasonable and timely access to the Associated Surface Rights, for the abandonment, reclamation or any other operation Vendor may be required to perform with respect to other ▇▇▇▇▇ and associated pipelines situated on the Associated Surface Rights or nearby, if any.
Surface Access. To Seller’s knowledge, there are no surface use or access agreements currently in force and effect that would materially interfere with oil and gas operations on the Leases, as currently conducted.
Surface Access. Purchaser agrees, subject to sub clause 7(b) hereof, to allow Vendor, at no cost or expense to Vendor, reasonable and timely access to the Associated Surface Rights, for the abandonment, reclamation or any other operation Vendor may be required to perform with respect to other ▇▇▇▇▇ and associated pipelines situated on the Associated Surface Rights or nearby, if any. Each Party will, from time to time and at all times hereafter upon request, without further consideration, do such further acts and deliver all such further assurances, deeds and documents as shall be reasonably required in order to fully perform and carry out the terms of this Agreement.