Fill and Sign the Easement Agreement Granicus Form

Page 1 of 2 SURFACE USE AGREEMENT STATE: COUNTY: The undersigned, _____ (collectively referred to as “Grantor”), for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, hereby grant, bargain, sell, and convey to ______, whose address is ______, and its successors and assigns (the “Grantee”), for a term, the exclusive right to use the surface of the following lands for any purpose necessary or convenient in Grantee’s operation of the ______ Field (or its successors, or any additional oil and/or gas field covering all or a portion of the lands, owned by Grantor in ______ County, ______, and described as follows: (Description of Lands) (Description of Facilities/Stations) All of these surface use locations are collectively referred to as the “Facilities.” The approximate locations of the Facilities are shown on the plat attached to t his Agreement as Exhibit “A.” Grantee shall have all the rights and benefits necessary or convenient for the full enjoyment or use the Facilities in their contemplated use, including, but without li miting the same, to the free right of ingress and egress over and across the lands to and from the Faci lities, and the right from time to time to cut all trees and undergrowth and remove other obstruc tions that may injure, endanger, or interfere with the use of the Facilities, pipelines, or the right of use or enjoyment of either. Grantee shall have the right to assign this Surface Use Agreeme nt in whole or in part, without the prior written consent of Grantor. Grantee is given the right, from time to time, as it deems necessary or prudent, to expand the size of the Facilities; provided, however, should the aerial extent of Faciliti es expand by more than ______% of the aerial extent in use as of the Effective Date of this Agreeme nt, used by Grantee in its good faith operation, then Grantor and Grantee shall enter into a new Agreement covering such expanded size. Grantor hereby releases and discharges Grantee, its employees, agents and contractors, from any and all causes of action, claims and demands whatever for, on and by reason of damages to the surface of the land described above, as well as any loss from trees, crops, vegetation, or any other land use, on the lands sustained by or in consequence of its operat ions under this Agreement. To have and to hold to the Grantee, its successors and assigns, for so long as the Facili ties are used by Grantee or useful to Grantee, with ingress to and egress from the premises for a ll Page 2 of 2 purposes. Grantee shall have the right to abandon and terminate all or any part of the rights conveyed and granted, by filing a release of same in the public records of ______ County, ______. Additionally, this Surface Use Agreement shall terminate if and when Grantee ceases to use or enjoy the Facilities described above and all the appurtenants situated on the lands, for a continuous period of ______ years. Grantors hereby bind themselves, their heirs, executors, administrators and assigns, to warrant and forever defend all and singular the premises unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This Surface Use Agreement shall inure to the benefit of Grantor and Grantee, their heirs, successors, or assigns and shall constitute a covenant running with the land. This Surface Use Agreement is executed on the date of the Acknowledgment of Grantor and Grantee’s signature, but shall be effective for all purposes as of (Date), the “Effect ive Date.” It is further understood and agreed that any amounts paid by Grantee to Grantor is not to be construed as an admission of liability but is in compromise and complete settle ment of any claim or claims of Grantor against Grantee, its predecessor(s) in title, its employees, a gents and/or contractors, which occurred subsequent to the Effective Date of this Surface Use Agreement. This instrument may be executed in any multiple number of counterparts, each of which shall constitute an original, and is binding on all who execute same, whether all na med parties execute this Surface Use Agreement or any counterpart of it. Grantor Grantee [Exhibit “A”: Plat]