This form is used when the Lessor desires to sell, subdivide, or partition all or a part of the lands covered by the Lease (the Lands ), and has requested a partial waiver of surface use of certain portions of the Lands subject to the Lease, and a waiver is agreeable to Lessee. This Agreement relates solely to the surface use and does not in any other way affect or diminish the Lessee's rights, interests and estate under the Lease.
The Arizona Agreement Waiving Surface Use by Oil and Gas Lessee is a legal document that allows oil and gas lessees in Arizona to waive their right to conduct surface activities in relation to their operations. This agreement is relevant in the context of oil and gas exploration and production, providing lessees with the ability to avoid surface disturbances on the leased land. When a lessee signs the Agreement Waiving Surface Use, they effectively relinquish their right to construct well pads, access roads, pipelines, and other surface infrastructure on the leased land. Instead, they commit to conducting all operations underground or through alternative methods that minimize surface disturbances. There are several types of the Arizona Agreement Waiving Surface Use by Oil and Gas Lessee aimed at various circumstances and objectives: 1. Voluntary Agreement: This type of agreement is signed when both the lessor and lessee willingly agree to waive the lessee's surface use rights. It is often used when the lessor prefers to preserve the natural beauty of the land or has alternative plans for surface development. 2. Compulsory Agreement: In certain situations, the Arizona government may mandate that a lessee signs an Agreement Waiving Surface Use. This usually occurs when the land holds significant ecological or cultural value and requires protection from surface disturbances. 3. Partial Agreement: If the lessee desires to conduct only limited surface activities on the land while waiving the surface use for the majority of their operations, a Partial Agreement may be negotiated. This grants the lessee permission for certain necessary surface activities while reducing overall disturbances. 4. Renewable Agreement: A Renewable Agreement allows the lessee to temporarily waive surface use within a specified time frame, typically for a few years. Upon expiration, both parties will reevaluate the agreement's terms and decide on its renewal or modification. It is important to note that the specifics of the Arizona Agreement Waiving Surface Use may vary depending on the circumstances, including the size and location of the leased land, its environmental sensitivity, and the objectives of all parties involved. Legal professionals experienced in oil and gas leasing and environmental law are typically consulted to draft and negotiate these agreements, ensuring compliance with the state's regulations and the lessee's operational needs.
