21.1 The grant of tenure rights to the Company under this Agreement shall not include any right to explore for, develop, or grant rights to any other Person in relation to any subsoil resources within the Project Area, such as minerals, metals, quarry stone, petroleum, natural gas, shale gas, and other resources.

21.2 The Company shall preserve all forested areas marked on the Project Map, and shall not harvest, fell, or remove any trees in those areas without the permission in writing of the Grantor.

21.3 The Company shall ensure that Legitimate Tenure Rights Holders and members of the Local Community have access to and free use of:

(a) forested areas used for the purposes of food and livelihood security;

(b) roads in the Project Area and trails across the Project Area;

(c) water resources in accordance with Section 41.6;

(d) infrastructure in accordance with Section 25.1;

(e) Essential Utilities in accordance with Section 26.1; and

(f) [insert other usage rights to be carved out from the lease of land to the Company].

21.4 Notwithstanding Section 21.3 above, subject to the Applicable Law and with the prior approval of the Grantor, the Company may restrict access to the Project Area to the extent reasonably required to ensure:

(a) the safety of its Workers and/or the security of its assets; and

(b) that Project Operations are not prevented or unduly impeded.

21.5 Neither the Company nor the Grantor shall be entitled to sub-let, grant any rights of occupation or use over, or otherwise encumber any part of the Project Area, except as provided for in this Agreement, or:

(a) where such sub-let, occupation, use or encumbrance is for purposes related to the Project, and

(b) with the prior written approval of the other [Party]/[Parties], which shall not be unreasonably withheld or delayed.

For more information: See generally IISD, 2014, Section 5.2 (Exclusion of Mineral Rights); ISLP & CCSI, 2016, Section 2.5 (Rights Granted and Obligations Imposed); Szoke-Burke et al., 2018, Section 6 (Parties’ Rights in and Near the Project Area); UNIDROIT & IFAD, 2021, Section 415 (Rights to Other Resources), 4.16 (Resources Above Ground), 4.17 (Resources Below Ground), 4.19 (Rights Withheld).