The Restoration of Surface and indemnity by Assignee form, is used for the assignee to agree to restore the surface of the land included within the assigned assets as nearly as possible to its prelease condition when the use and operation on that part of the land is completed.
New Jersey Restoration of Surface and Indemnity by Assignee is a legal provision that applies in the context of oil and gas leases and land agreements. This clause ensures that the assignee of a lease or agreement bears the responsibility for restoring the surface of the land to its original condition after completion of the assigned activities. It also requires the assignee to indemnify the lessor or landowner for any damages or liabilities that arise from the surface restoration process. Under New Jersey law, there are two main types of Restoration of Surface and Indemnity by Assignee clauses: 1. Full Restoration: This type of clause requires the assignee to fully restore the surface of the land to its original condition. It includes activities such as re-grading, re-vegetation, and re-contouring to ensure that the land is restored to its pre-leased state. The assignee must also ensure the removal of any equipment, debris, or infrastructure that was part of the leased activities. This clause offers the highest level of protection to the lessor or landowner. 2. Limited Restoration: In certain cases, a limited restoration clause may be included in the agreement. This clause allows the assignee to restore the surface to a lesser extent, meaning that they may not have to fully return the land to its original condition. However, they are still required to perform reasonable restoration activities that would allow the land to be used for its original purpose or an alternative functional use. This type of clause offers more flexibility to the assignee but provides some level of protection to the lessor or landowner. In both types of Restoration of Surface and Indemnity by Assignee clauses, the assignee is also obligated to indemnify the lessor or landowner for any damages, losses, or liabilities that may arise during the surface restoration process. This includes expenses related to environmental cleanup, remediation, or legal actions resulting from the restoration activities. The indemnity provisions ensure that the assignee bears the financial responsibility for any adverse effects caused by their operations. In conclusion, New Jersey Restoration of Surface and Indemnity by Assignee clauses serve to protect the interests of lessors or landowners in oil and gas leases or land agreements. These clauses require the assignee to restore the surface of the land to its original condition and indemnify the lessor or landowner for any damages or liabilities arising from the restoration process. The specific type of restoration clause may vary, with options for full restoration or limited restoration based on the circumstances of the lease or agreement.
