A Texas Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure is a legal agreement between a lessor (property owner) and a lessee (the oil or gas company). This provision restricts or prohibits drilling activities within a specific distance of a structure on the lessor's land. This type of provision is commonly used in Texas to protect structures, such as homes, buildings, or other important assets, from potential damage caused by drilling operations. The purpose of the Texas Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure is to ensure the safety and integrity of structures on the property and safeguard the lessor's investment. By implementing this provision, the lessor can mitigate any risks associated with drilling activities, such as potential damage to the foundation, structural stability, or even the occupants' well-being. Different variations of this provision may exist depending on the specific needs and agreements between the lessor and the lessee. Some possible variations could include: 1. Non-Drilling Zone Provision: This provision prohibits drilling within a specified radius or zone around a structure, ensuring that no drilling activities take place in proximity to the protected asset. 2. Setback Distance Provision: This provision establishes a minimum distance requirement between the drilling site and the structure, ensuring a safe buffer zone and minimizing any potential risks. 3. Structural Damage Liability Provision: This provision outlines the lessee's responsibility and liability in case any damage occurs to the structure as a result of drilling activities within the specified distance. It may include repair or compensation clauses. 4. Notification and Consultation Provision: This provision requires the lessee to notify and consult with the lessor before undertaking any drilling operations near the protected structure. This allows the lessor to provide input or raise concerns regarding the proposed activities. 5. Exception Clause: In certain situations, the lessor may choose to include an exception clause that allows drilling activities within the specified distance under specific circumstances or conditions. This clause can provide flexibility while still prioritizing the protection of the structure. Overall, a Texas Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure is a crucial component in oil and gas lease agreements. It serves to protect the lessor's investment and ensure the safety and integrity of structures on the property while permitting necessary drilling activities to take place responsibly.