Common use of Operatorship Clause in Contracts

Operatorship. On or before seven Days prior to Closing, Seller shall use reasonable efforts to send notices to all co-working interest owners of the Assets that Seller currently operates (using last known names and addresses from Seller’s files) indicating that it is resigning as operator contingent upon and effective at Closing, and nominating and recommending Buyer (or, at Buyer’s request, an Affiliate of Buyer designated by Buyer) as successor operator, subject to and in reliance on Buyer’s representations, warranties, covenants and agreements in this Agreement. Seller will, upon Buyer’s request, reasonably assist Buyer in its efforts to succeed Seller as operator of the applicable Assets, but in each case (x) without Seller being obligated to pay any consideration or waive or release any right or privilege as part of such assistance and (y) without giving rise to or imposing any Buyer Incremental Cost. Buyer acknowledges and agrees that the co-working interest owners may not allow Buyer to succeed Seller as operator and that Seller has made no representation, warranty or other guarantee that Buyer will succeed Seller as operator. Buyer shall promptly, following Closing, file all appropriate forms, and declarations or bonds with Governmental Authorities relative to its assumption of operatorship if Buyer elects to assume operatorship. For all Seller-operated Assets for which Buyer wishes to assume operatorship, Seller, subject to compliance with all applicable operating agreements, shall execute and deliver to Buyer at Closing and Buyer shall promptly file all the appropriate forms with the applicable Governmental Authorities transferring operatorship of such Assets to Buyer. As to those Assets for which Buyer shall become the operator, the Parties shall use commercially reasonable efforts to cause the transfer of operatorship to occur as of the date Seller ceases to be obligated to provide operating services pursuant to the Transition Services Agreement. If Buyer elects not to assume operatorship, Buyer shall lend reasonable assistance to Seller in obtaining the transfer of operatorship to the non-Party assuming operatorship.

Operatorship. On or before seven Within ten (10) Business Days prior to Closingafter execution of this Agreement, Seller Quicksilver shall use reasonable efforts to send notices to all co-working interest owners of the QRI Assets that Seller it currently operates (using last known names and addresses from Seller’s files) indicating that it is resigning as operator contingent upon and effective at Closing, and nominating and recommending Buyer BreitBurn (or, at BuyerBreitBurn’s request, an BreitBurn’s designated Affiliate of Buyer designated by Buyerunder Section 11.3) as successor operator, subject to and in reliance on BuyerBreitBurn’s representations, warranties, covenants and agreements in this AgreementSection 6.16. Seller Quicksilver will, upon BuyerBreitBurn’s request, reasonably assist Buyer BreitBurn in its efforts to succeed Seller Quicksilver as operator of the applicable QRI Assets, but in each case (x) without Seller being obligated to pay any consideration or waive or release any right or privilege as part of such assistance and (y) without giving rise to or imposing any Buyer Incremental Costassistance. Buyer acknowledges and agrees that the co-working interest owners may not allow Buyer to succeed Seller as operator and that Seller has made no representation, warranty or other guarantee that Buyer will succeed Seller as operator. Buyer BreitBurn shall promptly, following Closing, file all appropriate forms, and declarations or bonds with Governmental Authorities federal and state agencies relative to its assumption of operatorship if Buyer BreitBurn elects to assume operatorship. For all SellerQuicksilver-operated QRI Assets for which Buyer BreitBurn wishes to assume operatorship, SellerQuicksilver, subject to compliance with all applicable operating agreements, shall execute and deliver to Buyer BreitBurn at Closing and Buyer BreitBurn shall promptly file all the appropriate forms with the applicable Governmental Authorities regulatory agency transferring operatorship of such QRI Assets to BuyerBreitBurn. As BreitBurn represents and warrants to, and covenants and agrees with Quicksilver, that BreitBurn (or any Affiliate of BreitBurn that BreitBurn requests be nominated and recommended as successor operator pursuant to those Assets for which Buyer shall become this Section 6.16), as applicable, is qualified and has the operator, operational capability to succeed Quicksilver as operator and conduct operations to at least the Parties shall use commercially reasonable efforts to cause same standard as Quicksilver in accordance with the transfer of operatorship to occur as terms of the date Seller ceases to applicable operating agreement (or before assuming such operatorship will be obligated to provide operating services pursuant to the Transition Services Agreement. If Buyer elects not to assume operatorship, Buyer shall lend reasonable assistance to Seller in obtaining the transfer of operatorship to the non-Party assuming operatorshipso qualified and have such operational capacity).

Operatorship. On or before seven Days prior to Closing, Seller shall use reasonable efforts to send notices (in forms reasonably acceptable to Buyer) to all co-working interest owners of the Assets that Seller currently operates on or before seven (7) Days prior to Closing (using last known names and addresses from Seller’s files) indicating that it is resigning as operator contingent upon and effective at Closing, and nominating and recommending Buyer (or, at Buyer’s request, an Affiliate of Buyer designated by Buyer) as successor operator, subject to and in reliance on Buyer’s representations, warranties, covenants and agreements in this Agreement. Seller will, upon Buyer’s request, reasonably assist Buyer in its efforts to succeed Seller as operator of the applicable Assets, but in each case (x) without Seller being obligated to pay any consideration or waive or release any right or privilege as part of such assistance and (y) without giving rise to or imposing any Buyer Incremental Costassistance. Buyer acknowledges and agrees that the co-working interest owners may not allow Buyer to succeed Seller as operator and that Seller has made no representation, warranty or other guarantee that Buyer will succeed Seller as operator. Buyer shall promptly, following Closing, file all appropriate forms, and declarations or bonds with Governmental Authorities relative to its assumption of operatorship if Buyer elects to assume operatorship. For all Seller-operated Assets for which Buyer wishes to assume operatorship, Seller, subject to compliance with all applicable operating agreements, shall execute and deliver to Buyer at Closing and Buyer shall promptly file all the appropriate forms with the applicable Governmental Authorities transferring operatorship of such Assets to Buyer. As to those Assets for which Buyer shall become the operator, the Parties shall use commercially reasonable efforts to cause the transfer of operatorship to occur as of the date Seller ceases to be obligated to provide operating services pursuant to the Transition Services Agreementon or promptly after Closing. If Buyer elects not to assume operatorship, Buyer shall lend reasonable assistance to Seller in obtaining the transfer of operatorship to the non-Party assuming operatorship.

Operatorship. On or before seven With respect to the Exhibit A-1/A-2 Oil and Gas Properties, within 20 Days prior to Closingafter execution of this Agreement, Seller shall use reasonable efforts to send notices to all co-working interest owners of the Assets that Seller it currently operates (using last known names and addresses from Seller’s files) indicating that it is resigning as operator contingent upon and effective at Closing, and nominating and recommending Buyer (or, at Buyer’s request, an Affiliate of Buyer designated by Buyer) as successor operator, subject to and in reliance on Buyer’s representations, warranties, covenants and agreements in this Agreement. Seller will, upon Buyer’s request, reasonably assist Buyer in its efforts to succeed Seller as operator of the applicable Assets, but in each case (x) without Seller being obligated to pay any consideration or waive or release any right or privilege as part of such assistance and (y) without giving rise to or imposing any Buyer Incremental Cost. Buyer acknowledges and agrees that the co-working interest owners may not allow Buyer to succeed Seller as operator and that Seller has made no representation, warranty or other guarantee that Buyer will succeed Seller as operatorassistance. Buyer shall promptly, following Closing, file all appropriate forms, and declarations or bonds with Governmental Authorities relative to its assumption of operatorship if Buyer elects to assume operatorship. For all Seller-operated Assets for which Buyer wishes to assume operatorship, Seller, subject to compliance with all applicable operating agreements, shall execute and deliver to Buyer at Closing and Buyer shall promptly file all the appropriate forms with the applicable Governmental Authorities transferring operatorship of such Assets to Buyer. As to those Assets for which Buyer shall become the operator, the Parties shall use commercially reasonable efforts to cause the transfer of operatorship to occur as of the date Seller ceases to be obligated to provide operating services pursuant to the Transition Services Agreement. If Buyer elects not to assume operatorship, Buyer shall lend reasonable assistance to Seller in obtaining the transfer of operatorship to the non-Party assuming operatorshipClosing Date.