Fill and Sign the Marcellus Shale Natural Gas Rush the Penn State Law Form

SURFACE USE AGREEMENT (Operator's Production Equipment to be located in Cellars) State: County: Surface Owner: (Name and Address) Operator: (Name and Address) Effective Date: By the terms of oil and gas leases and an operating agreement, Operator, named above, is authorized to conduct drilling operations on the lands described below (the "Lands") for the purpose of exploring for and producing oil and/or gas. Surface Owner, named above, is the owner of the surface of the Lands which are described as follows: (Description of Lands Covered by the Oil and Gas Leases) Surface Owner uses the Lands for agricultural purposes and utilizes circular irrigation systems (the "Systems") currently located on the Lands. To enable Surface Owner to utiliz e these Systems after Operator's discovery of oil and/or gas, it is necessary that production equipment, specifically pumping units, be of a minimal height so that the Systems c an pass over the production equipment and operate in a normal fashion. To enable Surface Owner and Operator to conduct their respective activities and operations on the Lands, each of t hem agree as follows: 1. Operator agrees that all production equipment located and constructed on the Lands shall not exceed ____ feet in height above the surface of the ground. To comply with this hei ght restriction, it may be necessary for pumping units or tanks to be located in subsurface c ellars, or for pneumatic pump jacks to be installed. Whatever the requirement, as determined by Operator in its sole discretion, the production equipment will be of such a height to enable Surface Owner's Systems to operate normally and pass over the production equipment without impeding the operation of the Systems. 2. Upon the cessation of all operations on the Lands, Operator agrees within ____ days, after all operations cease, to remove all surface equipment and restore the surface of the Lands to as near their original condition as is reasonably possible. This Agreement shall be binding on and inure to the benefit of Surface Owner and Operator and their respective heirs, personal representatives, successors, and/or assigns. This Agreement is signed by Surface Owner and Operator as of the date of acknowledgment of their signatures below, but is effective for all purposes as of the Effect ive Date stated above. Surface Owner Operator