Title: Pennsylvania Fresh Water Purchase Agreement Between Landowner and Operator For Use in Secondary Recovery Operations — Long Form Keywords: Pennsylvania, Fresh Water Purchase Agreement, Landowner, Operator, Secondary Recovery Operations, Long Form I. Introduction 1. Overview of the Agreement's Purpose 2. Explanation of Secondary Recovery Operations in the Pennsylvania Context II. Agreement Details 1. Parties Involved: Landowner and Operator 2. Scope of Agreement: Emphasizing Fresh Water Purchase for Secondary Recovery Operations 3. Duration and Termination: Define the agreement's effective period and provisions for its termination 4. Confidentiality: Addressing the confidentiality of all proprietary information shared during the agreement III. Fresh Water Supply 1. Volume and Quality Requirements: Specify the quantity and quality standards of fresh water needed for the operations 2. Water Source: Identify the primary sources of fresh water 3. Water Testing and Inspection: Address the necessity of regular testing and inspection to ensure compliance with predetermined quality standards IV. Responsibilities and Obligations 1. Landowner's Responsibilities: a. Water Supply: Assurance of a continuous and adequate supply of fresh water b. Maintenance: Ensuring the water sources and delivery infrastructure are in good condition c. Permits and Compliance: Acquiring necessary permits and complying with environmental regulations 2. Operator's Responsibilities: a. Water Purchase and Payment: Obligations to purchase and compensate the landowner for supplied fresh water b. Testing and Monitoring: Conducting regular water quality testing c. Compliance: Ensuring compliance with relevant laws and regulations V. Payment Terms 1. Pricing and Payment Schedule: Detailed breakdown of the pricing structure and payment frequency 2. Billing and Invoicing: Procedure for generating and delivering invoices 3. Late Payments: Addressing penalties or interest in delayed payments VI. Indemnity and Liability 1. Mutual Indemnification: Agreement by both parties to indemnify each other against claims or damages arising from their own negligence 2. Insurance: Necessity of appropriate insurance coverage during the agreement's term VII. Force Mature 1. Definition of Force Mature: Clarification on events beyond the reasonable control of either party that may affect their ability to perform their obligations 2. Consequences and Remedies: Addressing non-performance due to Force Mature events VIII. Dispute Resolution 1. Mediation: Process for amicable dispute resolution with the assistance of a neutral third party 2. Arbitration: Procedure for binding arbitration if mediation fails to resolve the dispute IX. Miscellaneous Provisions 1. Entire Agreement: Clarifying that the agreement constitutes the entire understanding between the parties 2. Governing Law and Jurisdiction: Determining the applicable law and jurisdiction of disputes 3. Amendments and Waivers: Procedure for making modifications to the agreement 4. Severability: Provision stating that if any clause is found invalid or unenforceable, the remaining provisions remain intact Types of Pennsylvania Fresh Water Purchase Agreement between Landowner and Operator for Use in Secondary Recovery Operations — Long Form: 1. Pennsylvania Fresh Water Purchase Agreement — Offshore Operations 2. Pennsylvania Fresh Water Purchase Agreement — Onshore Operations 3. Pennsylvania Fresh Water Purchase Agreement — Shale Gas Extraction Operations Note: The types mentioned above can be modified based on the specific needs and circumstances of the agreement.