Common use of Pre-existing Rights Clause in Contracts

Pre-existing Rights. Grantee's rights hereunder shall not cover and shall be subject to existing, valid oil and gas leases or other agreements for oil and gas development (such as operating agreements or exclusive geophysical agreements) whose effective date predates the Effective Date of this EGA ("Prior Agreements"). Grantee must conduct business with said prior lessees or contractees separately and apart from this EGA. Should any said Prior Agreements terminate as to all depths, either fully or partially, before the end of the Initial Term, or the Option Term, if activated, Grantee shall have the right to conduct 3D geophysical operations on said acreage of the terminated Prior Agreements subject to the following: (i) if Grantee has already entered into an agreement with the Prior Agreement party before termination and paid for the right to conduct geophysical surveying across the acreage subject to the Prior Agreement, Grantee shall not be required to pay Grantor any further fee to conduct geophysical surveying on said acreage once the Prior Agreement has terminated, either totally or in part; (ii) however, if Grantee has not entered into an agreement with the Prior Agreement party, then Grantee shall pay Grantor an additional fee of ($ ) multiplied by the number of terminated acres of the Prior Agreement. Additionally, there shall exist a buffer zone of one-half (½) mile around each pre-existing mineral lease or operating agreement, or portion thereof, within the geographical area covered by this EGA. The Grantee shall have the right, concurrent with, but separate from the right of each such preexisting mineral Lessee, during the Initial Term, or the Option Term, if activated, to perform 3D or other more advanced forms of seismic shooting and acquisition within the buffer zone and/or to nominate acreage within the buffer zone for mineral leasing, by public bid, which leasing nomination shall be subject to the size restrictions set by the Board.

Appears in 1 contract

Samples: Exclusive Geophysical Agreement

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Pre-existing Rights. GranteeXxxxxxx's rights hereunder shall not cover and cover, shall be subject to existing, and shall not supersede any existing valid oil and gas leases lease(s) or other agreements agreement(s) for oil and gas development (on the Property, such as an operating agreements agreement or other exclusive geophysical agreements) agreement (Prior Agreements), whose effective date predates the Effective Date of this EGA ("Prior Agreements")Agreement. Grantee must conduct business deal with said prior lessees or contractees separately and apart independently from this EGAAgreement. Should any said Prior Agreements terminate as to all depths, either fully or partially, before the end of the Initial Term, Term or the Option Term, if activated, Grantee shall have the right to conduct 3D or other more advanced forms of geological or geophysical surveys or operations on said the acreage of the terminated Prior Agreements subject to the following: : (ia) if If Grantee has already entered into an agreement with the Prior Agreement Agreements party before termination and paid for the right to conduct geophysical surveying across the acreage subject to the Prior AgreementAgreements, Grantee shall not be required to pay Grantor any further fee to conduct geophysical surveying on said acreage once the Prior Agreement Agreements has terminated, either totally or in part; but (iib) however, if If Grantee has not so entered into an agreement with the Prior Agreement Agreements party, then Grantee shall pay Grantor an additional fee of ($ ) stipulated as the per acre Seismic Fee set forth above in Article 1, multiplied by the number of terminated acres of the Prior Agreement. Additionally, there shall exist a buffer zone of one-half (½) mile around each pre-existing mineral lease or operating agreement, or portion thereof, within the geographical area covered by this EGA. The Grantee shall have the right, concurrent with, but separate from the right of each such preexisting mineral Lessee, during the Initial Term, or the Option Term, if activated, to perform 3D or other more advanced forms of seismic shooting and acquisition within the buffer zone and/or to nominate acreage within the buffer zone for mineral leasing, by public bid, which leasing nomination shall be subject to the size restrictions set by the BoardAgreements.

Appears in 1 contract

Samples: Exclusive Geophysical Agreement

Pre-existing Rights. GranteeXxxxxxx's rights hereunder shall not cover and shall be subject to existing, valid oil and gas leases or other agreements for oil and gas development (such as operating agreements or exclusive geophysical agreements) whose effective date predates the Effective Date of this EGA ("Prior Agreements"). Grantee Xxxxxxx must conduct business with said prior lessees or contractees separately and apart from this EGA. Should any said Prior Agreements terminate as to all depths, either fully or partially, before the end of the Initial Term, or the Option Term, if activated, Grantee shall have the right to conduct 3D geophysical operations on said acreage of the terminated Prior Agreements subject to the following: (i) if Grantee has already entered into an agreement with the Prior Agreement party before termination and paid for the right to conduct geophysical surveying across the acreage subject to the Prior Agreement, Grantee shall not be required to pay Grantor any further fee to conduct geophysical surveying on said acreage once the Prior Agreement has terminated, either totally or in part; (ii) however, if Grantee has not entered into an agreement with the Prior Agreement party, then Grantee shall pay Grantor an additional fee of ($ ) multiplied by the number of terminated acres of the Prior Agreement. Additionally, there shall exist a buffer zone of one-half (½) mile around each pre-existing mineral lease or operating agreement, or portion thereof, within the geographical area covered by this EGA. The Grantee shall have the right, concurrent with, but separate from the right of each such preexisting mineral Lessee, during the Initial Term, or the Option Term, if activated, to perform 3D or other more advanced forms of seismic shooting and acquisition within the buffer zone and/or to nominate acreage within the buffer zone for mineral leasing, by public bid, which leasing nomination shall be subject to the size restrictions set by the Board.

Appears in 1 contract

Samples: Exclusive Geophysical Agreement

Pre-existing Rights. GranteeXxxxxxx's rights hereunder shall not cover and cover, shall be subject to existing, and shall not supersede any existing valid oil and gas leases lease(s) or other agreements agreement(s) for oil and gas development (on the Property, such as an operating agreements agreement or other exclusive geophysical agreements) agreement (Prior Agreements), whose effective date predates the Effective Date of this EGA ("Prior Agreements")Agreement. Grantee must conduct business deal with said prior lessees or contractees separately and apart independently from this EGAAgreement. Should any said Prior Agreements terminate as to all depths, either fully or partially, before the end of the Initial Term, Term or the Option Term, if activated, Grantee shall have the right to conduct 3D or other more advanced forms of geological or geophysical surveys or operations on said the acreage of the terminated Prior Agreements subject to the following: : (ia) if If Grantee has already entered into an agreement with the Prior Agreement Agreements party before termination and paid for the right to conduct geophysical surveying across the acreage subject to the Prior AgreementAgreements, Grantee shall not be required to pay Grantor any further fee to conduct geophysical surveying on said acreage once the Prior Agreement Agreements has terminated, either totally or in part; (ii) however, if but If Grantee has not so entered into an agreement with the Prior Agreement Agreements party, then Grantee shall pay Grantor an additional fee of ($ ) stipulated as the per acre Seismic Fee set forth above in Article 1, multiplied by the number of terminated acres of the Prior AgreementAgreements. Additionally, there shall exist a buffer zone of one-half (½1/2) mile around each pre-existing mineral lease or operating agreement, or portion thereof, within the geographical area covered by this EGAAgreement. The Grantee shall have the right, concurrent with, but separate from the right of each such preexisting pre-existing mineral Lessee, during the Initial Term, Term or the Option Term, if activated, to perform 3D or other more advanced forms of seismic shooting and acquisition within the buffer zone and/or to nominate acreage within the buffer zone for mineral leasing, by public bid, which leasing nomination shall be subject to the size restrictions set by law or the Board.

Appears in 1 contract

Samples: Exclusive Geophysical Agreement Type Iii

Pre-existing Rights. GranteeXxxxxxx's rights hereunder shall not cover and shall be subject to existing, valid oil and gas leases or other agreements for oil and gas development (( such as operating agreements or exclusive geophysical agreements) whose effective date predates the Effective Date of this EGA (agreement ( "Prior Agreements"). Grantee must conduct business deal with said prior lessees or contractees separately and apart from this EGAagreement. Should any said Prior Agreements terminate as to all depths, either fully or partially, before the end of the Initial Term, or the Option Term, if activated, Grantee shall have the right to conduct 3D geophysical operations on said acreage of the terminated Prior Agreements subject to the following: (i) if Grantee has already entered into an agreement with the Prior Agreement party before termination and paid for the right to conduct geophysical surveying across the acreage subject to the Prior Agreement, Grantee shall not be required to pay Grantor any further fee to conduct geophysical surveying on said acreage once the Prior Agreement has terminated, either totally or in part; , but (ii) however, if Grantee has not entered into an agreement with the Prior Agreement party, then Grantee shall pay Grantor an additional fee of ($ ) stipulated as the per acre Seismic Fee as set forth above in Article 1, multiplied by the number of terminated acres of the Prior Agreement. Additionally, there shall exist a buffer zone of one-half (½) mile around each pre-existing mineral lease or operating agreement, or portion thereof, within the geographical area covered by this EGAAgreement. The Grantee grantee shall have the right, concurrent with, but separate from the right of each such preexisting mineral Lessee, during the Initial Term, or the Option Term, if activated, to perform 3D or other more advanced forms of seismic shooting and acquisition within the buffer zone and/or to nominate acreage within the buffer zone for mineral leasing, by public bid, which leasing nomination shall be subject to the size restrictions set by the Board.

Appears in 1 contract

Samples: Exclusive Geophysical Agreement

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Pre-existing Rights. Grantee's rights hereunder shall not cover and cover, shall be subject to existing, and shall not supersede any existing valid oil and gas leases lease(s) or other agreements agreement(s) for oil and gas development (on the Property, such as an operating agreements agreement or other exclusive geophysical agreements) agreement (Prior Agreements), whose effective date predates the Effective Date of this EGA ("Prior Agreements")Agreement. Grantee must conduct business deal with said prior lessees or contractees separately and apart independently from this EGAAgreement. Should any said Prior Agreements terminate as to all depths, either fully or partially, before the end of the Initial Term, Term or the Option Term, if activated, Grantee shall have the right to conduct 3D or other more advanced forms of geological or geophysical surveys or operations on said the acreage of the terminated Prior Agreements subject to the following: : (ia) if If Grantee has already entered into an agreement with the Prior Agreement Agreements party before termination and paid for the right to conduct geophysical surveying across the acreage subject to the Prior AgreementAgreements, Grantee shall not be required to pay Grantor any further fee to conduct geophysical surveying on said acreage once the Prior Agreement Agreements has terminated, either totally or in part; but (iib) however, if If Grantee has not so entered into an agreement with the Prior Agreement Agreements party, then Grantee shall pay Grantor an additional fee of ($ ) stipulated as the per acre Seismic Fee set forth above in Article 1, multiplied by the number of terminated acres of the Prior Agreement. Additionally, there shall exist a buffer zone of one-half (½) mile around each pre-existing mineral lease or operating agreement, or portion thereof, within the geographical area covered by this EGA. The Grantee shall have the right, concurrent with, but separate from the right of each such preexisting mineral Lessee, during the Initial Term, or the Option Term, if activated, to perform 3D or other more advanced forms of seismic shooting and acquisition within the buffer zone and/or to nominate acreage within the buffer zone for mineral leasing, by public bid, which leasing nomination shall be subject to the size restrictions set by the BoardAgreements.

Appears in 1 contract

Samples: Exclusive Geophysical Agreement

Pre-existing Rights. GranteeXxxxxxx's rights hereunder shall not cover and cover, shall be subject to existing, valid and shall not supersede any existingvalid oil and gas leases lease(s) or other agreements agreement(s) for oil and gas development (on the Property, such as an operating agreements agreement or other exclusive geophysical agreements) agreement (Prior Agreements), whose effective date predates the Effective Date of this EGA ("Prior Agreements"). Agreement.Grantee must conduct business deal with said prior lessees or contractees separately and apart independently from this EGAAgreement. Should any said Prior Agreements terminate as to all depths, either fully or partially, before the end of the Initial Term, Term or the Option Term, if activated, Grantee shall have the right to conduct 3D or other more advanced forms of geological or geophysical surveys or operations on said the acreage of the terminated Prior Agreements subject to the following: : (ia) if If Grantee has already entered into an agreement with the Prior Agreement Agreements party before termination and paid for the right to conduct geophysical surveying across the acreage subject to the Prior AgreementAgreements, Grantee shall not be required to pay Grantor any further fee to conduct geophysical surveying on said acreage once the Prior Agreement Agreements has terminated, either totally or in part; but (iib) however, if If Grantee has not so entered into an agreement with the Prior Agreement Agreements party, then Grantee shall pay Grantor an additional fee of ($ ) stipulated as the per acre Seismic Fee set forth above in Article 1, multiplied by the number of terminated acres of the Prior Agreement. Additionally, there shall exist a buffer zone of one-half (½) mile around each pre-existing mineral lease or operating agreement, or portion thereof, within the geographical area covered by this EGA. The Grantee shall have the right, concurrent with, but separate from the right of each such preexisting mineral Lessee, during the Initial Term, or the Option Term, if activated, to perform 3D or other more advanced forms of seismic shooting and acquisition within the buffer zone and/or to nominate acreage within the buffer zone for mineral leasing, by public bid, which leasing nomination shall be subject to the size restrictions set by the BoardAgreements.

Appears in 1 contract

Samples: Exclusive Geophysical Agreement

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