A New York Surface Use Agreement (Contains Provisions Relative to Indemnity) is a legal contract that governs the use of the surface of a property in the state of New York. It encompasses provisions related to indemnity, which is a clause that generally protects one party against claims, damages, or any liability arising from the activities conducted on the property. This type of agreement is commonly used when there is a need for temporary or permanent access to the surface of a property for various purposes such as construction, exploration, drilling, or any other type of surface operations. It is designed to establish clear terms and conditions to regulate the relationship between the surface owner and the party seeking access or permission to conduct activities on the property. The New York Surface Use Agreement (Contains Provisions Relative to Indemnity) typically includes the following key provisions: 1. Indemnification: This provision specifies the rights and obligations of the parties regarding indemnity. It states that the party seeking access will indemnify and hold the surface owner harmless against claims, damages, or any liability arising from their activities on the property. 2. Insurance: This provision requires the party seeking access to maintain appropriate insurance coverage to adequately protect the surface owner against any potential claims or damages resulting from their activities. 3. Payment and Royalties: This section outlines the financial arrangements between the parties. It covers the payment of rent or royalties to the surface owner for the use of their property, including any additional compensation for damages caused or any surface-related expenses incurred. 4. Term and Termination: This provision establishes the duration of the agreement and the conditions under which it can be terminated or renewed. It also sets out the notice periods and any requirements for restoration or reclamation of the surface after the termination of activities. Types of New York Surface Use Agreements (Contains Provisions Relative to Indemnity) include: 1. Oil and Gas Surface Use Agreement: This type of agreement is specific to the exploration, development, or extraction of oil and gas resources on the surface property. 2. Mining Surface Use Agreement: This agreement is tailored for surface-level mining operations, where there is a need for access to the surface for activities like excavation, extraction, or processing of minerals. 3. Construction Surface Use Agreement: This type of agreement caters to temporary surface use for construction purposes, such as building infrastructure, roads, or other facilities. It is crucial to consult legal professionals experienced in New York state laws and surface-use agreements to ensure that the contract meets the specific requirements of the intended activities and provides adequate protection for all parties involved.