Common use of Order of Preference of Operations Clause in Contracts

Order of Preference of Operations. Except as otherwise specifically provided in this Agreement, if any party desires to propose the conduct of an operation that conflicts with a proposal that has been made a party under this Article VI, the party shall have fifteen (15) days from delivery of the initial proposal, in the case of a proposal to drill a well or to perform an operation on a well where no drilling rig is on location, or twenty-four (24) hours, exclusive of Saturday, Sunday, and legal holidays, from delivery of the initial proposal, if a drilling rig is on location for the well on which the operation is to be conducted, to deliver to all parties entitled to participate in the proposed operation the party’s alternative proposal, that alternate proposal to contain the same information required to be included in the initial proposal. Each party receiving these proposals shall elect by delivering a notice to Operator within five (5) days after expiration of the proposal period, or within twenty-four (24) hours (exclusive of Saturday, Sunday, and legal holidays) if a drilling rig is on location for the well that is the subject of the proposals, to participate in one of the competing proposals. Any party not electing within the time required shall be deemed not to have voted. The proposal receiving the vote of parties owning the largest aggregate percentage interest of the parties voting shall have priority over all other competing proposals; in the case of a tie vote, the initial proposal shall prevail. Operator shall deliver notice of the result to all parties entitled to participate in the operation within five (5) days after expiration of the election period (or within twenty-four (24) hours, exclusive of Saturday, Sunday, and legal holidays, if a drilling rig is on location). Each party shall then have two (2) days (or twenty-four (24) hours if a rig is on location) from receipt of the notice to elect by delivery of notice to Operator to participate in the operation or to relinquish interest in the affected well pursuant to the provisions of Article VI.B.2., failure by a party to deliver a notice within the period shall be deemed an election not to participate in the prevailing proposal.

Appears in 2 contracts

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

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Order of Preference of Operations. Except as otherwise specifically provided in this Agreementagreement, if any party desires to propose the conduct of an operation that conflicts with a proposal that has been made by a party under this Article VI, the such party shall have fifteen (15) days from delivery of the initial proposal, in the case of a proposal to drill a well or to perform an operation on a well where no drilling rig is on location, or twenty-four (24) hours, exclusive of Saturday, Sunday, Sunday and legal holidays, from delivery of the initial proposal, if a drilling rig is on location for the well on which the such operation is to be conducted, to deliver to all parties entitled to participate in the proposed operation the such party’s alternative proposal, that such alternate proposal to contain the same information required to be included in the initial proposal. Each party receiving these such proposals shall elect by delivering a delivery of notice to Operator within five (5) days after expiration of the proposal period, or within twenty-four (24) hours (exclusive of Saturday, Sunday, Sunday and legal holidays) if a drilling rig is on location for the well that is the subject of the proposals, to participate in one of the competing proposals. Any party not electing within the time required shall be deemed not to have voted. The proposal receiving the vote of parties owning the largest aggregate percentage interest of the parties voting shall have priority over all other competing proposals; in the case of a tie vote, the initial proposal shall prevail. Operator shall deliver notice of the such result to all parties entitled to participate in the operation within five (5) days after expiration of the election period (or within twenty-four (24) hours, exclusive of Saturday, Sunday, Sunday and legal holidays, if a drilling rig is on location). Each party shall then have two (2) days (or twenty-four (24) hours if a rig is on location) from receipt of the such notice to elect by delivery of notice to Operator to participate in the such operation or to relinquish interest in the affected well pursuant to the provisions of Article VI.B.2., ; failure by a party to deliver a notice within the with in such period shall be deemed an election not to participate in the prevailing proposal.

Appears in 2 contracts

Samples: Purchase and Sales Agreement, Purchase and Sales Agreement (Imperial Petroleum Inc)

Order of Preference of Operations. Except as otherwise specifically provided in this Agreementagreement, if any party Party desires to propose the conduct of an operation that conflicts with a proposal that has been made a party Party under this Article VI, the party Party shall have fifteen (15) days from delivery of the initial proposal, in the case of a proposal to drill a well or to perform an operation on a well where no drilling rig is on location, or twenty-four (24) hours, exclusive of Saturday, Sunday, and legal holidays, from delivery of the initial proposal, if a drilling rig is on location for the well on which the operation is to be conducted, to deliver to all parties entitled to participate in the proposed operation the partyParty’s alternative proposal, that alternate proposal to contain the same information required to be included in the initial proposal. Each party Party receiving these proposals shall elect by delivering a notice to Operator within five (5) days after expiration of the proposal period, or within twenty-four (24) hours (exclusive of Saturday, Sunday, and legal holidays) if a drilling rig is on location for the well that is the subject of the proposals, to participate in one of the competing proposals. Any party Party not electing within the time required shall be deemed not to have voted. The proposal receiving the vote of parties owning the largest aggregate percentage interest of the parties voting shall have priority over all other competing proposals; in the case of a tie vote, the initial proposal shall prevail. Operator shall deliver notice of the result to all parties entitled to participate in the operation within five (5) days after expiration of the election period (or within twenty-four (24) hours, exclusive of Saturday, Sunday, and legal holidays, if a drilling rig is on location). Each party Party shall then have two (2) days (or twenty-four (24) hours if a rig is on location) from receipt of the notice to elect by delivery of notice to Operator to participate in the operation or to relinquish interest in the affected well pursuant to the provisions of Article VI.B.2., failure by a party Party to deliver a notice within the period shall be deemed an election not to participate in the prevailing proposal.

Appears in 2 contracts

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

Order of Preference of Operations. Except as otherwise specifically provided in this Agreementagreement, if any party desires to propose the conduct of an operation that conflicts with a proposal that has been made by a party under this Article VI, the such party shall have fifteen (15) days from delivery of the initial proposal, in the case of a proposal to drill a well or to perform an operation on a well where no drilling rig is on location, or twenty-four (24) hours, exclusive of Saturday, Sunday, Sunday and legal holidays, from delivery of the initial proposal, if a drilling rig is on location for the well on which the such operation is to be conducted, to deliver to all parties entitled to participate in the proposed operation the such party’s alternative proposal, that such alternate proposal to contain the same information required to be included in the initial proposal. Each party receiving these such proposals shall elect by delivering a delivery of notice to Operator within five (5) days after expiration of the proposal period, or within twenty-four (24) hours (exclusive of Saturday, Sunday, Sunday and legal holidays) if a drilling rig is on location for the well that is the subject of the proposals, to participate in one of the competing proposals. Any party not electing within the time required shall be deemed not to have voted. The proposal receiving the vote of parties owning the largest aggregate percentage interest of the parties voting shall have priority over all other competing proposals; in the case of a tie vote, the initial proposal shall prevail. Operator shall deliver notice of the such result to all parties entitled to participate in the operation within five (5) days after expiration of the election period (or within twenty-four (24) hours, exclusive of Saturday, Sunday, Sunday and legal holidays, if a drilling rig is on locationlocation ). Each party shall then have two (2) days (or twenty-four (24) hours if a rig is on location) from receipt of the such notice to elect by delivery of notice to Operator to participate in the such operation or to relinquish interest in the affected well pursuant to the provisions of Article VI.B.2., ; failure by a party to deliver a notice within the such period shall be deemed an election not to participate in the prevailing proposal.

Appears in 1 contract

Samples: Farmout Agreement (PetroSouth Energy Corp.)

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Order of Preference of Operations. Except as otherwise specifically provided in this Agreementagreement, if any party desires to propose the conduct of an operation that conflicts with a proposal that has been made by a party under this Article VI, the such party shall have fifteen (15) days from delivery of the initial proposal, in the case of a proposal to drill a well or to perform an operation on a well where no drilling rig is on location, or twenty-four (24) hours, exclusive of Saturday, Sunday, Sunday and legal holidays, from delivery of the initial proposal, if a drilling rig is on location for the well on which the such operation is to be conducted, to deliver to all parties entitled to participate in the proposed operation the such party’s 's alternative proposal, that such alternate proposal to contain the same information required to be included in the initial proposal. Each party receiving these such proposals shall elect by delivering a delivery of notice to Operator within five (5) days after expiration of the proposal period, or within twenty-four (24) hours (exclusive of Saturday, Sunday, Sunday and legal holidays) if a drilling rig is on location for the well that is the subject of the proposals, to participate in one of the competing proposals. Any party not electing within the time required shall be deemed not to have voted. The proposal receiving the vote of parties owning the largest aggregate percentage interest of the parties voting shall have priority over all other competing proposals; in the case of a tie vote, the initial proposal shall prevail. Operator shall deliver notice of the such result to all parties entitled to participate in the operation within five (5) days after expiration of the election period (or within twenty-four (24) hours, exclusive of Saturday, Sunday, Sunday and legal holidays, if a drilling rig is on location). Each party shall then have two (2) days (or twenty-four (24) hours if a rig is on location) from receipt of the such notice to elect by delivery of notice to Operator to participate in the such operation or to relinquish interest in the affected well pursuant to the provisions of Article VI.B.2., ; failure by a party to deliver a notice within the such period shall be deemed an election not to participate in the prevailing proposal.

Appears in 1 contract

Samples: Working Interest Acquisition and Development Agreement (Explortex Energy Inc.)

Order of Preference of Operations. Except as otherwise specifically provided in this Agreementagreement, if any party desires to propose the conduct of an operation that conflicts with a proposal that has been made by a party under this Article VI, the VL such party shall have fifteen (15) days from delivery of the initial proposal, in the case of a proposal to drill a well or to perform an operation on a well where no drilling rig is on location, or twenty-four (24) hours, exclusive of Saturday, Sunday, Sunday and legal holidays, from delivery of the initial proposal, if a drilling rig is on location for the well on which the such operation is to be conducted, to deliver to all parties entitled to participate in the proposed operation the such party’s 's alternative proposal, that such alternate proposal to contain the same information required to be included in the initial proposal. Each party receiving these such proposals shall elect by delivering a delivery of notice to Operator within five (5) days after expiration of the proposal period, or within twenty-four (24) hours (exclusive of Saturday, Sunday, Sunday and legal holidays) if a drilling rig is on location for the well that is the subject of the proposals, to participate in one of the competing proposals. Any party not electing within the fee time required shall be deemed not to have voted. The proposal receiving the vote of parties owning the largest aggregate percentage interest of the parties voting shall have priority over all other competing proposals; in the case of a tie vote, the initial proposal shall prevail. Operator shall deliver notice of the such result to all parties entitled to participate in the operation within five (5) days after expiration of the election period (or within twenty-four (24) hours, exclusive of Saturday, Sunday, Sunday and legal holidays, if a drilling rig is on location). Each party shall then have two (2) days (or twenty-four (24) hours if a rig is on location) from receipt of the such notice to elect by delivery of notice to Operator to participate in the such operation or to relinquish interest in the affected well pursuant to the provisions of Article VI.B.2V1.B2., ; failure by a party to deliver a notice within the such period shall be deemed an election not to participate in the prevailing prevailing: proposal.

Appears in 1 contract

Samples: Operating Agreement (American Standard Energy Corp.)

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