Common use of Limitation on Overriding Royalties Clause in Contracts

Limitation on Overriding Royalties. Lessor reserves the right to disapprove the creation of an overriding royalty or production payment that would, in Lessor’s reasonable discretion, constitute an unreasonable economic burden upon operation of the Lease. In exercising its discretion to disapprove the creation of an overriding royalty, Lessor shall consult with Lessee and any third parties involved and shall prepare findings to evidence the basis of its decision. Any transfer in interest which would create a cumulative overriding royalty burden in excess of 20% shall not be approved.

Appears in 7 contracts

Samples: Mining Lease and Agreement, Mining Lease and Agreement (Epm Mining Ventures Inc.), Mining Lease and Agreement (Raser Technologies Inc)

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Limitation on Overriding Royalties. Lessor reserves the right to disapprove the creation of an overriding royalty or production payment that would, in Lessor’s reasonable discretion, constitute an unreasonable economic burden upon operation of the Lease. In exercising its discretion to disapprove the creation of an overriding royalty, Lessor shall consult with Lessee and any third parties involved and shall prepare findings to evidence the basis of its decision. Any transfer in interest which would create a cumulative Cumulative overriding royalty burden in excess royalties of 202% or less shall not be approveddeemed presumptively reasonable unless special circumstances are shown by Lessor to exist.

Appears in 3 contracts

Samples: Mining Lease and Agreement, Mining Lease and Agreement (Arch Coal Inc), Mining Lease and Agreement (Arch Coal Inc)

Limitation on Overriding Royalties. Lessor reserves the right to disapprove the creation of an overriding royalty or production payment that would, in Lessor’s reasonable discretion, constitute an unreasonable economic burden upon operation of the Lease. , In exercising its discretion to disapprove the creation of an overriding royalty, Lessor shall consult with Lessee and any third parties involved and shall prepare findings to evidence the basis of its decision. Any transfer in interest which would create a cumulative Cumulative overriding royalty burden in excess royalties of 202% or less shall not be approveddeemed presumptively reasonable unless special circumstances are shown by Lessor to exist.

Appears in 1 contract

Samples: Mining Lease and Agreement (Arch Coal Inc)

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Limitation on Overriding Royalties. Lessor reserves the right to disapprove the creation of an overriding royalty or production payment that would, in Lessor’s reasonable discretion, constitute an unreasonable economic burden upon operation of the Lease. In exercising its discretion to disapprove the creation of an overriding royalty, Lessor shall consult with Lessee and any third parties involved and shall prepare findings to evidence the basis of its decision. Any transfer in interest which would create a cumulative overriding royalty burden in excess of 20% shall not be approved.

Appears in 1 contract

Samples: Energy Lease (Raser Technologies Inc)

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