Fill and Sign the Legacy Energy Forms Basic Oil and Gas Forms Program Nk 01

AGREEMENT GRANTING PERMISSION TO CONDUCT SEISMIC ACTIVITIES(With Owners of Multiple Tracts of Land) This Agreement Granting Permission to Conduct Seismic Activities (the "Agreement") is between ____, (the "Grantors") and ____ (the "Company"). It is dated to be and deemed effective ____ (the "Effective Date"). It applies to and is deemed to cover the lands in ____ County, ____ , which are described in Exhibit "A" to this Agreement (the "Lands"). For the valuable consideration paid by Company to Grantors, the Company is granted the right to conduct seismic operations on, over, and across the Lands. The amount paid in consideration for this Agreement does not include any payments which may be due Grantors for damages not known on the Effective Date of this Agreement for which payments are provided for in this Agreement. In conjunction with this Agreement, Company is acquiring an Oil and Gas Lease (the "Lease") from Grantors on a minimum of ____ acres out of Lands. The part of the Lands to be leased shall be selected by Company on or before ____ days from the Effective Date of thi s Agreement. Company has paid and Grantors acknowledge receipt of the bonus consideration for the Lease. This Agreement is entered into on the following terms and conditions, all of which are agreed to and accepted by Grantors and Company: A. Company's operations will be conducted in accordance with good standard practices and in a prudent and careful manner and Company and its agents and contractors (collec tively the "Company"), jointly and severally, will assume and pay, hold the Owners free and harmless from, and indemnify and defend Owners from any and all claims and damages including, without limitation, attorney's fees and costs of court that may result from work by Company by virt ue of the permission granted in this Agreement. This provision shall apply whether the claims a re by persons or to property located on or off the Lands, including persons employed by Owners and property owned by the Owners. The consideration paid for this Agreement is not compensation for any such damages. B. The Owners will be compensated for all other damages including, but not limited t o, damages to the surface of the Lands. C. Company's permission to go on the premises is subject to its specific compliance with the following items: 1. No testing is to be done when soil conditions are wet, to the extent that ruts will be cut. 2. No fences are to be opened or crossed except by existing gates and/or gaps. 3. No water is to be used from water troughs, tanks, ponds, creeks, or rivers on the Lands without the prior written approval from the Owner of the applicable tract and an agreement in writing providing for payment of the water prior to its taking and use. 4. Testing will be done substantially along the lines furnished to Owners prior to testing. 5. All ribbons and refuse of all types placed on the Lands are to be removed from the Lands. 6. Company is to notify Owners of any and all damages to gates, posts, fences, roads, livestock, etc. immediately after occurrence and on completion of the testi ng. Company is to pay for any damages to livestock, gates, roads, fences, and/or other property of the Owners of the Lands. 7. No energy source shall be used within ____ feet (____) of any house and/or water well without the prior written consent of the Owner of the surface of the Lands. Company agre es to have well evaluations made by a licensed water well contractor before and a fter the seismic operations are conducted to determine damage, if any, to any water wells on the L ands. In the event any water well or wells is or are damaged or fail, within one year from the dat e Company's work is performed, save and except for normal wear and tear of well pumping apparatus above the ground, Company agrees that the damages or failure was caused by operations of Company, and Company agrees to pay for as well as indemnify completely, including, without limita tion, payment of attorney's fees, and costs of court, if any, the Owner of the surface of the Lands on which the damaged well is situated for all damages resulting from the damage or fai lure of the water well or wells. 8. All persons employed by Company will contact the Owners prior to entry on the Lands for the purpose of conducting seismic work and will then report to the Owners all activities and the date of conclusions of the seismic work on each separately owned tract of the Lands. 9. All vehicles shall proceed directly to and from the seismic line after ente ring the Lands, shall stay on the lines, as reasonably possible, and not stray off of the lines. 10. All gates with locks are to be kept closed and locked at all times exc ept when entering or exiting same. All other gates shall remain in the position as found on entering the Lands. Any gate on the Lands negligently left open or unlocked during Company's operations shall immediately subject Company to an additional fee of $____ in addition to any other damages resulting from the gate being left open. Owners will promptly notify Company when this condition is found to exist. 11. A bulldozer shall be used to clear any line where it is necessary, stacking al l brush and trees in tight stacks or piles suitable for burning. Brush and trees shall not be left strewn about or along any line. Prior to entering the Lands for any purpose, Company will notify Owners at lease ____ (____) days in advance of the entry so that Owners and/or their agents may be present to meet with representatives of the Company to discuss the location and course of the lines. 12. A bulldozer shall back-fill all holes and ruts and level all mounds created when clearing and/or turning. A bulldozer shall back-drag the lines and leave the ground smooth, within ____ days after completion of the seismic work. 13. The surface of the ground shall be restored as near as reasonably possible to the same condition as it was prior to the Company's entry on the Lands. 14. Company shall not remove any trees larger than ____ inches in diameter unless removal is essential. No larger trees are to be removed or uprooted. 15. Company shall terrace the banks of all gullies and creeks crossed to prevent damage from erosion. 16. Company will furnish each Owner copies of all seismic lines, seismic information, and geophysical information and/or interpretations, including, but not limited t o, cross-sections and maps of the work done on the Lands, if any, and of any work done by Company on adjoining lands, but only to the extent necessary to provide full fold information on Owners' Lands. 17. Upon ____ (____) days prior written notice, Owners shall have the right to appear and have their representatives appear at the offices of the Company to review and assess seismic data from all seismic work on Owners' Lands. 18. No hunting or fishing will be allowed on the Lands. 19. Company agrees there shall not be less than ____ feet between cable lines. Owners may require that the course of any line may be varied as much as ____ feet or more in any direction so as to not cross existing improvements, trees, or crops desired to be kept by Owners. 20. Company agrees to furnish to each Owner its surveyor's map showing the distances and number of miles across each of Owner's Lands where seismic lines will be run. 21. As a condition of Company's rights under this Agreement, any agents and contractors of Company shall agree to the terms of this Agreement. 22. Company will not market the information obtained from the seismic work performed on the Lands, whether by interpretation or however the same may be produced, published, or reduced to writing for ____ (____) months from the Effective Date. 23. This Agreement and the rights granted Company shall be for a term of ____ from the Effective Date.24. Company agrees to indemnify the Owners against all claims for damages to persons for injuries, death, to the Lands or items situated on or off the Lands arising from the activities of Company, as well as pay all costs and fees, including, without limita tion, attorney's fees, and expenses. 25. Company represents it has all insurance required by law and any other insurance that any prudent operator of a business would carry. Company agrees to pay as well as indemnify and hold harmless the Owners (including all mineral and surface interest Owners) from any claims arising from any of its activities on the premises, whether for deat h or injuries to persons or damage to property including items situated on or off the Lands and whether or not covered by insurance. 26. The provisions of this Agreement pertaining to the Company, its successors or assigns, assuming all liability for injuries, death, and property damage resulting from Compa ny's operations shall apply to the Company's employees, guests, invitees, and others on the Lands of the Owners for any reason. 27. This Agreement is to be performed in ____ Counties, ____ , and all of the provisions are enforceable in ____ County, ____ . This Agreement shall be binding on and inure to the benefit of the heirs, successors and assigns of each of the undersigned. Should any provision be determined to be invalid, the remaining provisions shall continue in full force and effect. This Agreement is signed by Owners and Company as of the date of the acknowledgment of their signatures below, but shall be deemed effective as of the Effective Date stated above. Owners Company [Exhibit "A": Description of Lands.]