Common use of BREACH OF AGREEMENT BY LESSEE Clause in Contracts

BREACH OF AGREEMENT BY LESSEE. If Lessee shall fail to pay any installment of royalty or rental when due and if such default shall continue for a period of ten (10) days after receipt by Lessee of written notice thereof from Lessor to Lessee, then at the option of Lessor the Lease shall terminate as to any portions thereof or any interests therein as to which Lessee is in default; provided, however, that if there be a bona fide dispute as to the amount due and all undisputed amounts are paid, and legal or arbitration proceedings are commenced to resolve such dispute and the disputed funds have been paid into court or to the arbitrator pending final resolution of the matter, then said ten day (10) period shall be extended until five (5) days after such dispute is settled by final court decree, arbitration or agreement. If Lessee shall be in default in the performance of any obligations under the Lease other than the payment of rental or royalty, and if for a period of thirty (30) days after written notice is given to Lessee by Lessor of such default and Lessee shall fail to commence and thereafter diligently and in good faith prosecute action to remedy such default, Lessor may terminate the Lease. No default in the performance of any condition or obligation hereof or termination by reason thereof shall affect the Rights of Lessee hereunder with respect to any drilling, injection, disposal, or producing well or xxxxx and related facilities and rights of access thereto, in regard to which Lessee is not in default, together with an area of acreage reasonably necessary for operation and maintenance thereof in the form of a square surrounding each such well then completed or being drilled, and rights of way, easements, and surface areas necessary for continuing Lessee's operations on the Lands retained, or on other lands in the vicinity thereof, including without limitation sites for electric generating plants or for other processing or use of Substances. Disputes or differences between Lessor and Lessee shall not interrupt performance or the continuation of operations. In the event of any dispute or difference, operations shall be continued in the same manner as prior to such dispute or difference until the matters in dispute have been resolved, and thereupon such payments or restrictions shall be made as may be required under the terms of the settlement or resolution of the dispute.

BREACH OF AGREEMENT BY LESSEE. (a) If Lessee shall fail to pay any installment of royalty or rental when due and if such default shall continue for a period of ten thirty (1030) days after receipt by Lessee of written notice thereof from Lessor to Lessee, then at the option of Lessor the Lease shall terminate may be terminated as to any portions thereof or any interests therein as to which Lessee is in defaultdefault upon written notice to Lessee; provided, however, that if there be a bona fide dispute as to the amount due and all undisputed amounts are paid, and legal or arbitration proceedings are commenced to resolve such dispute and the disputed funds have been paid into court or to the arbitrator pending final resolution of the matter, then said ten thirty-day (1030) period shall be extended until five (5) days after such dispute is settled by final court decree, arbitration or agreement. If Lessee shall be in default in the performance of any obligations under the Lease other than the payment of rental or royalty, and if for a period of thirty ninety (3090) days after written notice is given to Lessee by Lessor of such default and Lessee shall fail to commence and thereafter diligently and in good faith prosecute action to remedy such default, Lessor may terminate the Lease. No default in the performance of any condition or obligation hereof or termination by reason thereof shall affect the Rights rights of Lessee hereunder with respect to any drilling, injection, disposal, or producing well or xxxxx and related facilities and rights of access thereto, in regard to which Lessee is not in default, together with an area of acreage reasonably necessary for operation and maintenance thereof in the form of a square surrounding each such well then completed or being drilled, and rights of rights-of-way, easements, and surface areas necessary for continuing Lessee's ’s operations on the Lands retained, or on other lands in the vicinity thereof, including without limitation sites for electric generating plants or for other processing or use of SubstancesSubstances and/or Geothermal Resources. Disputes or differences between Lessor and Lessee shall not interrupt performance or the continuation of operations. In the event of any dispute or difference, operations shall be continued in the same manner as prior to such dispute or difference until the matters in dispute have been resolved, and thereupon such payments or restrictions shall be made as may be required under the terms of the settlement or resolution of the dispute. Termination or cancellation of the Lease pursuant hereto shall be the sole remedy of Lessor for failure of Lessee to pay any rental or royalty.

BREACH OF AGREEMENT BY LESSEE. If Lessee shall fail to pay any installment of royalty or rental when due and if such default shall continue for a period of ten thirty (1030) days after receipt by Lessee of written notice thereof from Lessor to Lessee, then at the option of Lessor the Lease shall terminate as to any portions thereof or any interests therein as to which Lessee is in default; provided, however, that if there be a bona fide dispute as to the amount due and all undisputed amounts are paid, and legal or arbitration proceedings are commenced to resolve such dispute and the disputed funds have been paid into court or to the arbitrator pending final resolution of the matter, then said ten thirty-day (1030) period shall be extended until five (5) days after such dispute is settled by final court decree, arbitration or agreement. If Lessee shall be in default in the performance of any obligations under the Lease other than the payment of rental or royalty, and if for a period of thirty ninety (3090) days after written notice is given to Lessee by Lessor of such default and Lessee shall fail to commence and thereafter diligently and in good faith prosecute action to remedy such default, Lessor may terminate the Lease. No default in the performance of any condition or obligation hereof or termination by reason thereof shall affect the Rights rights of Lessee hereunder with respect to any drilling, injection, disposal, or producing well or xxxxx and related facilities and rights of access thereto, in regard to which Lessee is not in default, together with an area of acreage reasonably necessary for operation and maintenance thereof in the form of a square surrounding each such well then completed or being drilled, and rights of rights-of-way, easements, and surface areas necessary for continuing Lessee's operations on the Lands retained, or on other lands in the vicinity thereof, including without limitation sites for electric generating plants or for other processing or use of Substances. Disputes or differences between Lessor and Lessee shall not interrupt performance or the continuation of operations. In the event of any dispute or difference, operations shall be continued in the same manner as prior to such dispute or difference until the matters in dispute have been resolved, and thereupon such payments or restrictions shall be made as may be required under the terms of the settlement or resolution of the dispute. Termination or cancellation of the Lease pursuant hereto shall be the sole remedy of Lessor for failure of Lessee to pay any rental or royalty.

BREACH OF AGREEMENT BY LESSEE. (a) If Lessee shall fail to pay any installment of royalty or rental when due and if such default shall continue for a period of ten thirty (1030) days after receipt by Lessee of written notice thereof from Lessor to Lessee, then at the option of Lessor the Lease shall terminate may be terminated as to any portions thereof or any interests therein as to which Lessee is in defaultdefault upon written notice to Lessee; provided, however, that if there be a bona fide dispute as to the amount due and all undisputed amounts are paid, and legal or arbitration proceedings are commenced to resolve such dispute and the disputed funds have been paid into court or to the arbitrator pending final resolution of the matter, then said ten thirty-day (1030) period shall be extended until five (5) days after such dispute is settled resolved by final court decree, arbitration or agreement. If Lessee shall be in default in the performance of any obligations under the Lease other than the payment of rental or royalty, and if for a period of thirty one hundred twenty (30120) days after written notice is given to Lessee by Lessor of such default and Lessee shall fail to commence and thereafter diligently and in good faith prosecute action to remedy such default, Lessor may terminate the Lease; however, if there is a bona fide dispute as to the performance of Lessee of any obligations under the lease, said one hundred twenty (120) day period shall be extended until five (5) days after such dispute is resolved by final court decree, arbitration or agreement. No default in the performance of any condition or obligation hereof or termination by reason thereof shall affect the Rights rights of Lessee hereunder with respect to any drilling, injection, disposal, or producing well or xxxxx and related facilities and rights of access thereto, in regard to which Lessee is not in default, together with an area of acreage reasonably necessary for operation and maintenance thereof in the form of a square surrounding each such well then completed or being drilled, and rights of rights-of-way, easements, and surface areas necessary for continuing Lessee's ’s operations on the Lands retained, or on other lands in the vicinity thereof, including without limitation sites for electric generating plants or for other processing or use of SubstancesSubstances and/or Geothermal Resources. Disputes or differences between Lessor and Lessee shall not interrupt performance or the continuation of operations. In the event of any dispute or difference, operations shall be continued in the same manner as prior to such dispute or difference until the matters in dispute have been resolved, and thereupon such payments or restrictions shall be made as may be required under the terms of the settlement or resolution of any dispute. Termination or cancellation of the disputeLease pursuant hereto shall be the sole remedy of Lessor for failure of Lessee to pay any rental or royalty.

BREACH OF AGREEMENT BY LESSEE. If Lessee shall fail to pay any installment of royalty or rental when due and if such default shall continue for a period of ten (10) days after receipt by Lessee of written notice thereof from Lessor to Lessee, then at the option of Lessor the Lease shall terminate as to any portions thereof or any interests therein as to which Lessee is in default; provided, however, that if there be a bona fide dispute as to the amount due and all undisputed amounts are paid, and legal or arbitration proceedings are commenced to resolve such dispute and the disputed funds have been paid into court or to the arbitrator pending final resolution of the matter, then said ten day (10) period shall be extended until five (5) days after such dispute is settled by final court decree, arbitration or agreement. If , if Lessee shall be in default in the performance of any obligations under the Lease other than the payment of rental or royalty, and if for a period of thirty (30) days after written notice is given to Lessee by Lessor of such default and Lessee shall fail to commence and thereafter diligently and in good faith prosecute action to remedy such default, Lessor may terminate the Lease. No default in the performance of any condition or obligation hereof or termination by reason thereof shall affect the Rights of Lessee hereunder with respect to any drilling, injection, disposal, or producing well or xxxxx and related facilities and rights of access thereto, in regard to which Lessee is not in default, together with an area of acreage reasonably necessary for operation and maintenance thereof in the form of a square surrounding each such well then completed or being drilled, and rights of way, easements, and surface areas necessary for continuing Lessee's operations on the Lands retained, or on other lands in the vicinity thereof, including without limitation sites for electric generating plants or for other processing or use of Substances. Disputes or differences between Lessor and Lessee shall not interrupt performance or the continuation of operations. In the event of any dispute or difference, operations shall be continued in the same manner as prior to such dispute or difference until the matters in dispute have been resolved, and thereupon such payments or restrictions shall be made as may be required under the terms of the settlement or resolution of the dispute.

BREACH OF AGREEMENT BY LESSEE. If Lessee shall fail to pay any installment of royalty, in lieu royalty or rental when due and if such default shall continue for a period of ten fifteen (1015) business days after receipt by Lessee of written notice thereof from Lessor to Lessee, then at the option of Lessor Lessor, the Lease shall terminate as to any portions thereof or any interests therein as to which Lessee is in default; provided, however, that if there be a bona fide dispute as to the amount due and all undisputed amounts are paid, and legal or arbitration proceedings are commenced to resolve such dispute and the disputed funds have been paid into court or to the arbitrator pending final resolution of the matter, then said ten fifteen-day (10) period shall be extended until five (5) days after such dispute is settled by final court decree, binding arbitration or agreement. Lessee shall have the option of depositing the amount in dispute into an interest-bearing account until such dispute is resolved. If Lessee shall be in default in the performance of any obligations under the Lease other than the payment of rental royalty, in lieu royalty or royaltyrental, and if for a period of thirty sixty (3060) days after written notice is given to Lessee by Lessor of such default and default, Lessee shall fail to commence and thereafter diligently and in good faith prosecute action to remedy such default, Lessor may terminate the Lease; provided however, to the extent that the default is not capable of being remedied in said period, Lessee shall have an additional reasonable period of time to remedy such default. No default in the performance of any condition or obligation hereof or termination by reason thereof shall affect the Rights rights of Lessee hereunder with respect to any drilling, injection, disposal, or producing well or xxxxx and related facilities and rights of access thereto, in regard to which Lessee is not in default, together with an area of acreage reasonably necessary for operation and maintenance thereof in the form of a square surrounding each such well then completed or being drilled, and rights of way, easements, and surface areas necessary for continuing Lessee's operations on the Lands retained, or on other lands in the vicinity thereof, including without limitation sites for electric generating plants or for other processing or use of Substances. Disputes or differences between Lessor and Lessee shall not interrupt performance or the continuation of operations. In the event of any dispute or difference, operations shall be continued in the same manner as prior to such dispute or difference until the matters in dispute have been resolved, and thereupon such payments or restrictions shall be made as may be required under the terms of the settlement or other resolution of the dispute. Termination or cancellation of the Lease pursuant hereto shall be the sole remedy of Lessor for failure of Lessee to pay any rental or royalty.