Common use of Excess Payments to Lessor Clause in Contracts

Excess Payments to Lessor. Any payment of royalty or shut-in gas royalty hereunder paid to Xxxxxx in excess of the amount actually due to the Lessor shall nevertheless become the property of the Lessor if Xxxxxx does not make written request to Lessor for reimbursement within one (1) year from the date that Xxxxxx received the erroneous payment, it being agreed and expressly understood between the parties hereto that Lessor is not the collecting agent for any other royalty owner under the lands covered hereby, and a determination of the name, interest ownership and whereabouts of any person entitled to any payment whatsoever under the terms hereof shall be the sole responsibility of Lessee. It is further expressly agreed and understood that: (i) this provision shall in no way diminish the obligation of Lessee to make full and punctual payments of all amounts due to Lessor or to any other person under the terms and provisions of this Lease, and (ii) any overpayments made to the Lessor under any provisions of this Lease shall not be entitled to be offset against future amounts payable to parties hereunder.

Appears in 50 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Excess Payments to Lessor. Any payment of royalty or shut-in gas royalty hereunder paid to Xxxxxx Lessor in excess of the amount actually due to the Lessor shall nevertheless become the property of the Lessor if Xxxxxx Lessee does not make written request to Lessor for reimbursement within one (1) year from the date that Xxxxxx Lessor received the erroneous payment, it being agreed and expressly understood between the parties hereto that Lessor is not the collecting agent for any other royalty owner under the lands covered hereby, and a determination of the name, interest ownership and whereabouts of any person entitled to any payment whatsoever under the terms hereof shall be the sole responsibility of Lessee. It is further expressly agreed and understood that: (i) this provision shall in no way diminish the obligation of Lessee to make full and punctual payments of all amounts due to Lessor or to any other person under the terms and provisions of this Lease, and (ii) any overpayments made to the Lessor under any provisions of this Lease shall not be entitled to be offset against future amounts payable to parties hereunder.

Appears in 26 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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