Fill and Sign the Oil Gas Lease Sample 2 Wv Farm Form

Page 1 of 2 AGREEMENT WAIVING SURFACE USE(By Oil and Gas Lessee) STATE: COUNTY: On _____, _____, (the “Lessor”), executed an oil, gas, and mineral lease covering lands in ______ County, ______, to ______, as Lessee, a copy of which is attached as Exhibit “A” and incorporated into this Agreement for all purposes (the “Lease”). The Lease is recorded i n Volume ______, page ______, of the ______ Records of the County and State named above. On (Date), the Lessee assigned all rights, title, and interests in the Lease t o ______, (the “Assignee”). A copy of that assignment is attached as Exhibit “B” and incorporated int o this Agreement for all purposes (the “Assignment”). 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 port ions of the Lands subject to the Lease. A Waiver is agreeable to Assignee. Assignee, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby waives the right to use the surface of the la nds described and depicted on Exhibit “C” attached to incorporated into this Agreement for all purposes, for the purposes of exploration and development of oil, gas, and minerals under the terms of the Lease. This Agreement relates solely to the surface use and does not in any other way affect or diminish the Assignee’s rights, interests and estate under the Lease. Further, this waiver does not extend or pertain to any other surface of the Lands subject to the Lease, and Assignee sha ll continue to enjoy all rights and interests with respect to oil, gas, and other mi nerals in and under the Lands, together with the surface use of all the Lands that are not the subject of this Waiver. It is understood and agreed that this partial waiver of the surface use in and to the portion of the Lands described shall in no wise release or diminish the rights of Assignee, otherwise granted and covered by the Lease and Assignment, and Assignee specifically reserves the right to drill, mine for, and extract minerals from beneath the surface of that portion of the Lands that are the subject of this Waiver, by directional drilling or other methods of operation on a djoining or other Lands. Assignee also reserves the right to use any of the streets and alleyways that may be included in any subdivision of the Lands that is the subject of this Waiver, for the purpose of ingress and egress, and for the purpose of laying, constructing, maintaining, and repairing pipelines, flowline, and electrical transmission lines which may be necessary or re quired by Assignee in its operation of the Lease. Page 2 of 2 Lessor, by its execution of this Agreement hereby stipulates that the Lease is valid, subsisting, and in full force and effect, ratifying all of its provisions. The provisions of this Agreement shall inure to and be binding on each of the parties and their respective heirs, successors, assigns, and legal representatives. Assignee Lessor (Acknowledgments) Exhibit “A”: Copy of Lease Exhibit “B”: Copy of Assignment Exhibit “C”: Description of Lands subject to Waiver