Non-Operator. Any PARTY to the Agreement other than the OPERATOR.
Non-Operator hereby represents and warrants, as of the date hereof and continuing until March 31, 2005, to and for the benefit of Operator and its successors and assigns, that the Leases identified in Exhibit B are in full force and effect in accordance with their terms and that there are no defaults by lessee thereunder and that the lessee has no obligation under any such Lease to drill any well for the production of any methane or other gas from coal beds or coal mines and that all amendments to each such Lease are identified in Exhibit B and that all consents required under such Leases to permit Operator to perform its obligations, and exercise its rights, contemplated hereby have been obtained including consents to the assignment of such Leases and interests in the Xxxxx and Well Acreage to Operator and to any affiliate of Operator or Non-Operator and to any limited partnerships and other entities from which Operator or Non-Operator receives funds to drill Xxxxx, true and correct copies of such consents having been furnished by Non-Operator to Operator on or prior to the execution of this Agreement. Non-Operator shall not agree to any amendment or other modification of any Lease identified in Exhibit B without the prior written consent of Operator. Non-Operator shall be solely responsible for the payment of, and shall pay, all delay rentals, minimum royalties and other amounts required to be paid under the Leases to keep the Leases in full force and effect and upon request of Operator, Non-Operator shall provide evidence of such payment in such detail as Operator may reasonably request; Non-Operator shall be entitled to recoup such delay rentals, minimum royalties and/or other amounts as may be provided in the Lease and to the extent Operator receives funds from the sale or other disposition of natural gas and oil produced from the Xxxxx which may be applied to such recoupment, it will pay such funds to Non-Operator. Operator and Non-Operator shall each pay its Proportionate Share of any shut-in royalties required to be paid under the Leases with respect to a Well. Additionally, Non-Operator shall comply with all other provisions of the Leases (except, subject to Section 2.3 hereof, the provisions to drill a minimum number of xxxxx), and take all other actions to otherwise keep the Leases in full force and effect, with respect to the property subject thereto exclusive of Well Acreage. Promptly after receipt of any notice, or any document or other writing, from any ...
Non-Operator s Access; Audit ----------------------------
10.1 The Non-Operator shall have access to the Xxxxx and to any information in the possession of the Operator pertaining to the Xxxxx, and shall be entitled to inspect and observe operations of every kind and character upon the property covered by the Lease.
10.2 Upon reasonable notice to the Operator and at times mutually convenient to the parties hereto, the Non-Operator shall also have access to, and is entitled to receive copies of, the records and other documents on file at the Operator's office relating to the drilling, completion and operation of the Xxxxx, including all Well logs and production records. In addition, during the drilling and completion of a Well, such number (as the Non-Operator or its designated agent may reasonably request) of copies of drilling reports, logs, completion reports and other data produced in connection with such activities shall be made available and provided to the Non-Operator or such agent, as they are produced or promptly thereafter.
10.3 The Non-Operator shall have the right, at its own cost and expense and not more frequently than once in each calendar year, to have an independent audit made of the books and records of Operator to verify, for the preceding two (2) calendar years, all Drilling Costs and Operating Expenses charged to Non-Operator, the production of natural gas and oil from the Xxxxx and the proceeds of the sale or other disposition of such natural gas and oil production, the royalties and overriding royalties paid with respect to such production and the recoupment of delay rentals, minimum royalties and other amounts as set forth in Section 3.2 hereof and the funds (including accrued interest) in the Operating Reserve Account and the Plugging Reserve Account.
Non-Operator. Any Party to this Agreement other than the Operator.
Non-Operator. Any Party to this Agreement other than the Operator. 2.16 Non-Participating Party, Any Party other than a Participating Party.
Non-Operator. 10 2.24 NON-PARTICIPATING PARTY ..............................................10 2.25 NON-PARTICIPATING PARTY'S SHARE ......................................10 2.26
Non-Operator. (s) shall mean the parties to the Agreement other than the Operator.
Non-Operator. (s) means the Party or Parties to this Agreement other than Operator.
