Common use of Interests of Parties in Costs and Production Clause in Contracts

Interests of Parties in Costs and Production. Unless changed by other provisions, all costs and liabilities incurred in operations under this agreement shall be borne and paid, and all equipment and materials acquired in operations on the Contract Area shall be owned, by the parties as their interests are set forth in Exhibit “A.” In the same manner, the parties shall also own all production of Oil and Gas from the Contract Area subject, however, to the payment of royalties and other burdens on production as described in this agreement. Regardless of which Party has contributed any Oil and Gas Lease or Oil and Gas Interest on which royalty or other burdens may be payable and except as otherwise expressly provided in this agreement, each Party shall pay or deliver, or cause to be paid or delivered, all burdens on its share of the production from the Contract Area up to, but not in excess of twenty one percent (21%) and shall indemnify, defend, and hold the other parties free from any liability therefor. Except as otherwise expressly provided in this agreement, if any Party has contributed any Lease or Interest which is burdened with any royalty, overriding royalty, production payment or other burden on production in excess of the amounts stipulated above, the Party so burdened shall assume and alone bear all the excess obligations and shall indemnify, defend and hold the other parties hereto harmless from any and all claims attributable to the excess burden. However, so long as the Drilling Unit for the productive Zone(s) is identical with the Contract Area, each Party shall pay or deliver, or cause to be paid or delivered, all burdens on production from the Contract Area due under the terms of the Oil and Gas Lease(s) which the Party has contributed to this agreement, and shall indemnify, defend, and hold the other parties free from any liability therefor. No Party shall ever be responsible, on a price basis higher than the price received by the Party, to any other Party’s lessor or royalty owner, and if the other Party’s lessor or royalty owner should demand and receive settlement on a higher price basis, the Party contributing the affected Lease shall bear the additional royalty burden attributable to the higher price. Nothing contained in this Article III.B. shall be deemed an assignment or cross-assignment of interests covered by this agreement, and in the event two or more parties contribute to this agreement jointly owned Leases, the parties’ undivided interests in those Leaseholds shall be deemed separate leasehold interests for the purposes of this agreement.

Appears in 2 contracts

Samples: Joint Operating Agreement, Operating Agreement (New Source Energy Corp)

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Interests of Parties in Costs and Production. Unless changed by other provisions, all costs and liabilities incurred in operations under this agreement Agreement shall be borne and paid, and all equipment and materials acquired in operations on the Contract Area shall be owned, by the parties as their interests are set forth in Exhibit “A.” In the same manner, the parties shall also own all production of Oil and Gas from the Contract Area subject, however, to the payment of royalties and other burdens on production as described in this agreementAgreement. Regardless of which Party party has contributed any Oil and Gas Lease or Oil and Gas Interest on which royalty or other burdens may be payable and except as otherwise expressly provided in this agreementAgreement, each Party party shall pay or deliver, or cause to be paid or delivered, all burdens on its share of the production from the Contract Area up to, but not in excess of twenty one percent (2120%) and shall indemnify, defend, and hold the other parties free from any liability therefor. Except as otherwise expressly provided in this agreementAgreement, if any Party party has contributed any Lease or Interest which is burdened with any royalty, overriding royalty, production payment or other burden on production in excess of the amounts stipulated above, the Party party so burdened shall assume and alone bear all the excess obligations and shall indemnify, defend and hold the other parties hereto harmless from any and all claims attributable to the excess burden. However, so long as the Drilling Unit for the productive Zone(s) is identical with the Contract Area, each Party party shall pay or deliver, or cause to be paid or delivered, all burdens on production from the Contract Area due under the terms of the Oil and Gas Lease(s) which the Party party has contributed to this agreementAgreement, and shall indemnify, defend, and hold the other parties free from any liability therefor. No Party party shall ever be responsible, on a price basis higher than the price received by the Partyparty, to any other Partyparty’s lessor or royalty owner, and if the other Partyparty’s lessor or royalty owner should demand and receive settlement on a higher price basis, the Party party contributing the affected Lease shall bear the additional royalty burden attributable to the higher price. Nothing contained in this Article III.B. shall be deemed an assignment or cross-assignment of interests covered by this agreementAgreement, and in the event two or more parties contribute to this agreement Agreement jointly owned Leases, the parties’ undivided interests in those Leaseholds shall be deemed separate leasehold interests for the purposes of this agreementAgreement.

Appears in 2 contracts

Samples: Golden Lane Participation Agreement (New Source Energy Partners L.P.), Golden Lane Participation Agreement (New Source Energy Corp)

Interests of Parties in Costs and Production. Unless changed by other provisions, all costs and liabilities incurred in operations under this agreement shall be borne and paid, and all equipment and materials acquired in operations on in the Contract Area of Mutual Interest shall be owned, by the parties as their interests are set forth in Exhibit "A." In the same manner, the parties shall also own all production of Oil and Gas from the Contract Area of Mutual Interest subject, however, to the payment of royalties and other burdens on production as described in this agreementhereafter. Regardless of which Party party has contributed any Oil and Gas Lease or Oil and Gas Interest on which royalty or other burdens may be payable and except as otherwise expressly provided in this agreement, each Party party shall pay or deliver, or cause to be paid or delivered, all burdens on its share of the production from the Contract Area of Mutual Interest up to, but not in excess of twenty one percent of, THREE TENTHS (21%3/10) and shall indemnify, defend, defend and hold the other parties free from any liability therefortherefore. Except as otherwise expressly provided in this agreement, if any Party party has contributed hereto any Lease or Interest which is burdened with any royalty, overriding royalty, production payment or other burden on production in excess of the amounts stipulated above, the Party such party so burdened shall assume and alone bear all the such excess obligations and shall indemnify, defend and hold the other parties hereto harmless from any and all claims attributable to the such excess burden. However, so long as the Drilling Unit for the productive Zone(s) is identical with the Contract AreaArea of Mutual Interest, each Party party shall pay or deliver, or cause to be paid or delivered, all burdens on production from the Contract Area of Mutual Interest due under the terms of the Oil and Gas Lease(s) which the Party such party has contributed to this agreement, and shall indemnify, defend, defend and hold the other parties free from any liability therefortherefore. No Party party shall ever be responsible, on a price basis higher than the price received by the Partysuch party, to any other Party’s party's lessor or royalty owner, and if the such other Party’s party's lessor or royalty owner should demand and receive settlement on a higher price basis, the Party party contributing the affected Lease shall bear the additional royalty burden attributable to the such higher price. Nothing contained in this Article III.B. shall be deemed an assignment or cross-assignment of interests covered by this agreementhereby, and in the event two or more parties contribute to this agreement jointly owned Leases, the parties' undivided interests in those said Leaseholds shall be deemed separate leasehold interests for the purposes of this agreement.

Appears in 1 contract

Samples: Joint Development Agreement (Independence Energy Corp.)

Interests of Parties in Costs and Production. Unless changed by other provisions, all costs and liabilities incurred in operations under this agreement Agreement shall be borne and paid, and all equipment and materials acquired in operations on in the Contract Area shall be owned, by the parties as their interests are set forth in Exhibit “A.” A”. In the same manner, the parties shall also own all production of Oil and Gas from the Contract Area subject, however, to the payment of royalties and other burdens on production as described in this agreementhereinafter described. Regardless of which Party party has contributed any Oil and Gas Lease or Oil and Gas Interest on which royalty or other burdens may be payable and except as otherwise other wise expressly provided in this agreementAgreement, each Party party shall pay or deliver, or cause to be paid or delivered, all burdens on its share of the production from the Contract Area up to, but not in excess of twenty one percent (21%) and shall indemnify, defend, defend and hold the other parties free from any liability therefor. Except as otherwise expressly provided in this agreementAgreement, if any Party party has contributed hereto any Lease or Interest which is burdened with any royalty, overriding royalty, production payment or other burden on production in excess of the amounts stipulated above, the Party such party so burdened shall assume and alone bear all the such excess obligations and shall indemnify, defend and hold the other parties hereto harmless from any and all claims attributable to the such excess burden. However, so long as the Drilling Unit for the productive Zone(s) Zones is identical with the Contract Area, each Party party shall pay or deliver, or cause to be paid or delivered, all burdens on production from the Contract Area due under the terms of the Oil and Gas Lease(s) Leases which the Party such party has contributed to this agreementAgreement, and shall indemnify, defend, defend and hold the other parties free from any liability therefor. No Party party shall ever be responsible, on a price basis higher than the price received by the Partysuch party, to any other Partyparty’s lessor or royalty owner, and if the such other Partyparty’s lessor or royalty owner should demand and receive settlement on a higher price basis, the Party party contributing the affected Lease shall bear the additional royalty burden attributable to the such higher price. Nothing contained in this Article III.B. III.A shall be deemed an assignment or cross-assignment of interests covered by this agreementhereby, and in the event two or more parties contribute to this agreement Agreement jointly owned Leasesleases, the parties’ parties undivided interests in those said Leaseholds shall be deemed separate leasehold interests for the purposes of this agreementAgreement.

Appears in 1 contract

Samples: Operating Agreement (Egpi Firecreek, Inc.)

Interests of Parties in Costs and Production. Unless changed by other provisions, all costs and liabilities incurred in operations under this agreement shall be borne and paid, and all equipment and materials acquired in operations on the Contract Area shall be owned, by the parties as their interests are set forth in Exhibit "A." In the same manner, the parties shall also own all production of Oil and Gas from the Contract Area subject, however, to the payment of royalties and other burdens on production as described in this agreementhereafter. Regardless of which Party party has contributed any Oil and Gas Lease or Oil and Gas Interest on which royalty or other burdens may be payable and except as otherwise expressly provided in this agreement, each Party party shall pay or deliver, or cause to be paid or delivered, all burdens on its share of the production from the Contract Area up to, but not in excess of twenty one percent (21%) of, and shall indemnify, defend, defend and hold the other parties free from any liability therefor. Except as otherwise expressly provided in this agreement, if any Party party has contributed hereto any Lease or Interest which is burdened with any royalty, overriding royalty, production payment or other burden on production in excess of the amounts stipulated above, the Party such party so burdened shall assume and alone bear all the such excess obligations and shall indemnify, defend and hold the other parties hereto harmless from any and all claims attributable to the such excess burden. However, so long as the Drilling Unit for the productive Zone(s) is identical with the Contract Area, each Party party shall pay or deliver, or cause to be paid or delivered, all burdens on production from the Contract Area due under the terms of the Oil and Gas Lease(s) which the Party such party has contributed to this agreement, and shall indemnify, defend, defend and hold the other parties free from any liability therefor. No Party party shall ever be responsible, on a price basis higher than the price received by the Partysuch party, to any other Party’s party's lessor or royalty owner, and if the such other Party’s party's lessor or royalty owner should demand and receive settlement on a higher price basis, the Party party contributing the affected Lease shall bear the additional royalty burden attributable to the such higher price. Nothing contained in this Article III.B. shall be deemed an assignment or cross-assignment of interests covered by this agreementhereby, and in the event two or more parties contribute to this agreement jointly owned Leases, the parties' undivided interests in those said Leaseholds shall be deemed separate leasehold interests for the purposes of this agreement.

Appears in 1 contract

Samples: Operating Agreement (Explortex Energy Inc.)

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Interests of Parties in Costs and Production. Unless changed by other provisions, all costs and liabilities incurred in operations under this agreement Agreement shall be borne and paid, and all equipment and materials acquired in operations on the Contract Area shall be owned, by the parties Parties as their interests are set forth out in Exhibit “A.” In the same manner, the parties Parties shall also own all production of Oil and Gas from the Contract Area Area; subject, however, to the payment of royalties and other burdens on production as described in this agreementbelow. Regardless of which Party has contributed any Oil and Gas Lease or Oil and Gas Interest on which royalty or other burdens may be payable and except as otherwise payable, unless expressly provided otherwise in this agreementAgreement, each Party shall pay or deliver, or cause to be paid or delivered, all burdens on its share of the production from the Contract Area up to, but not in excess of twenty one percent (21100%) , and shall indemnify, defend, and hold the other parties Parties harmless and free from any liability thereforassociated with those burdens. Except as Unless provided otherwise expressly provided in this agreementAgreement, if any Party has contributed any Lease or Interest which is burdened with any royalty, overriding royalty, production payment payment, or other burden on production in excess of the amounts stipulated above, the that Party so burdened shall assume and alone bear all the excess obligations and shall indemnify, defend defend, and hold the other parties hereto Parties harmless from any and all claims attributable to the excess burden. However, so long as the Drilling Unit for the productive Zone(s) is identical with the Contract Area, each Party shall pay or deliver, or cause to be paid or delivered, all burdens on production from the Contract Area due under the terms of the Oil and Gas Lease(s) which the Party has contributed to this agreement, and shall indemnify, defend, and hold the other parties free from any liability therefor. No Party shall ever be responsible, on a price basis higher than the price received by the Party, to any other Party’s lessor or royalty owner, and if the other Party’s lessor or royalty owner should demand and receive settlement on a higher price basis, the Party contributing the affected Lease shall bear the additional royalty burden attributable to the higher price. Nothing contained in this Article III.B. shall be deemed an assignment or cross-assignment of interests covered by this agreementinterests, and in the event two or more parties Parties contribute to this agreement Agreement jointly owned Leases, the partiesParties’ undivided interests in those Leaseholds shall be deemed separate leasehold interests for the purposes of this agreementAgreement.

Appears in 1 contract

Samples: Operating Agreement (West Texas Resources, Inc.)

Interests of Parties in Costs and Production. Unless changed by other provisions, all costs and liabilities incurred in operations under this agreement shall be borne and paid, and all equipment and materials acquired in operations on the Contract Area shall be owned, by the parties as their interests are set forth in Exhibit “A.” A”. In the same manner, the parties shall also own all production of Oil and Gas from the Contract Area subject, however, to the payment of royalties and other burdens on production as described in this agreementhereafter. Regardless of which Party party has contributed any Oil and Gas Lease or Oil and Gas Interest on which royalty or other burdens may be payable and except as otherwise expressly provided in this agreement, each Party party shall pay or deliver, or cause to be paid or delivered, all burdens on its share of the production from the Contract Area up to, but not in excess of twenty one percent (21%) of, ___and shall indemnify, defend, defend and hold the other parties free from any liability therefor. Except as otherwise expressly provided in this agreement, if any Party party has contributed hereto any Lease or Interest which is burdened with any royalty, overriding royalty, production payment or other burden on production in excess of the amounts stipulated above, the Party such party so burdened shall assume and alone bear all the such excess obligations and shall indemnify, defend and hold the other parties hereto harmless from any and all claims attributable to the such excess burden. However, so long as the Drilling Unit for the productive Zone(s) is identical with the Contract Area, each Party party shall pay or deliver, or cause to be paid or delivered, all burdens on production from the Contract Area due under the terms of the Oil and Gas Lease(s) which the Party such party has contributed to this agreement, and shall indemnify, defend, defend and hold the other parties free from any liability therefor. No Party party shall ever be responsible, on a price basis higher than the price received by the Partysuch party, to any other Partyparty’s lessor or royalty owner, and if the such other Partyparty’s lessor or royalty owner should demand and receive settlement on a higher price basis, the Party party contributing the affected Lease shall bear the additional royalty burden attributable to the such higher price. Nothing contained in this Article III.B. shall be deemed an assignment or cross-assignment of interests covered by this agreementhereby, and in the event two or more parties contribute to this agreement jointly owned Leases, the parties’ undivided interests in those said Leaseholds shall be deemed separate leasehold interests for the purposes of this agreement.

Appears in 1 contract

Samples: Operating Agreement (Belden & Blake Corp /Oh/)

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