Common use of Proposed Operations Clause in Contracts

Proposed Operations. If any party hereto should desire to Rework, Sidetrack, Deepen, Recomplete or Plug Back a dry hole or a well no longer capable of producing in paying quantities in which such party has not otherwise relinquished its interest in the proposed objective Zone under this Agreement, the party desiring to Rework, Sidetrack, Deepen, Recomplete or Plug Back such a well shall give written notice of the proposed operation to the parties who have not otherwise relinquished their interest in such objective Zone under this Agreement and to all other parties in the case of a proposal for Sidetracking or Deepening, specifying the work to be performed, the location, proposed depth, objective Zone and the estimated cost of the operation. The parties to whom such a notice is delivered shall have thirty (30) days after receipt of the notice within which to notify the party proposing to do the work whether they elect to participate in the cost of the proposed operation. If a drilling rig is on location, notice of a proposal to Rework, Sidetrack, Recomplete, Plug Back or Deepen may be given by telephone and the response period shall be limited to forty-eight (48) hours, exclusive of Saturday, Sunday and legal holidays. Failure of a party to whom such notice is delivered to reply within the period above fixed shall constitute an election by that party not to participate in the cost of the proposed operation. Any proposal by a party to conduct an operation conflicting with the operation initially proposed shall be delivered to all parties within the time and in the manner provided in Article VI.B.6. If all parties to whom such notice is delivered elect to participate in such a proposed operation, the parties shall be contractually committed to participate therein provided such operations are commenced within the time period hereafter set forth, and Operator shall, no later than ninety (90) days after expiration of the notice period of thirty (30) days (or as promptly as practicable after the expiration of the forty-eight (48) hour period when a drilling rig is on location, as the case may be), actually commence the proposed operation and thereafter complete it with due diligence at the risk and expense of the parties participating therein; provided, however, said commencement date may be extended upon written notice of same by Operator to the other parties, for a period of up to thirty (30) additional days if, in the sole opinion of the Operator, such additional time is reasonably necessary to obtain permits from governmental authorities, surface rights (including rights-of-way) or appropriate drilling equipment, or to complete title examination or curative matter required for title approval or acceptance. If the actual operation has not been commenced within the time provided (including any extension thereof as specifically permitted herein or in the force majeure provisions of Article XI) and if any party hereto still desires to conduct said operation, written notice proposing same must be resubmitted to the other parties in accordance herewith as if no prior proposal had been made.

Appears in 3 contracts

Samples: Operating Agreement (Vanguard Natural Resources, LLC), Operating Agreement (Vanguard Natural Resources, LLC), Operating Agreement (Vanguard Natural Resources, LLC)

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Proposed Operations. If any party hereto should desire to drill any well on the Contract Area other than the Initial Well, or if any party should desire to Rework, Sidetrack, Deepen, Recomplete or Plug Back a dry hole or a well no longer capable of producing in paying quantities in which such party has not otherwise relinquished its interest in the proposed objective Zone under this Agreementagreement, the party desiring to drill, Rework, Sidetrack, Deepen, Recomplete or Plug Back such a well shall give written notice of the proposed operation to the parties who have not otherwise relinquished their interest in such objective Zone under this Agreement agreement and to all other parties in the case of a proposal for Sidetracking or Deepening, specifying the work to be performed, the location, proposed depth, objective Zone and the estimated cost of the operation. The parties to whom such a notice is delivered shall have thirty (30) days after receipt of the notice within which to notify the party proposing to do the work whether they elect to participate in the cost of the proposed operation. If a drilling rig is on location, notice of a proposal to Rework, Sidetrack, Recomplete, Plug Back or Deepen may be given by telephone and the response period shall be limited to forty-eight (48) hours, exclusive of Saturday, Sunday and legal holidays. Failure of a party to whom such notice is delivered to reply within the period above fixed shall constitute an election by that party not to participate in the cost of the proposed operation. Any proposal by a party to conduct an operation conflicting with the operation initially proposed shall be delivered to all parties within the time and in the manner provided in Article VI.B.6. If all parties to whom such notice is delivered elect to participate in such a proposed operation, the parties shall be contractually committed to participate therein provided such operations are commenced within the time period hereafter set forth, and Operator shall, no later than ninety (90) days after expiration of the notice period of thirty (30) days (or as promptly as practicable after the expiration of the forty-eight (48) hour period when a drilling rig is on location, as the case may be), actually commence the proposed operation and thereafter complete it with due diligence at the risk and expense of the parties participating therein; provided, however, said commencement date may be extended upon written notice of same by Operator to the other parties, for a period of up to thirty (30) additional days if, in the sole opinion of the Operator, such additional time is reasonably necessary to obtain permits from governmental authorities, surface rights (including rights-of-way) or appropriate drilling equipment, or to complete title examination or curative matter required for title approval or acceptance. If the actual operation has not been commenced within the time provided (including any extension thereof as specifically permitted herein or in the force majeure provisions of Article XI) and if any party hereto still desires to conduct said operation, written notice proposing same must be resubmitted to the other parties in accordance herewith as if no prior proposal had been made. Those parties that did not participate in the drilling of a well for which a proposal to Deepen or Sidetrack is made hereunder shall, if such parties desire to participate in the proposed Deepening or Sidetracking operation, reimburse the Drilling Parties in accordance with Article VI.B.4. in the event of a Deepening operation and in accordance with Article VI.B.5. in the event of a Sidetracking operation.

Appears in 2 contracts

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

Proposed Operations. If Should any party hereto should desire to Reworkdrill any well on the Contract Area other than the well provided for in Article VI.A, Sidetrackor to rework, Deepen, Recomplete deepen or Plug Back plug back a dry hole drilled at the joint expense of all parties or a well no longer capable of jointly owned by all the parties and not then producing in paying quantities in which such party has not otherwise relinquished its interest in the proposed objective Zone under this Agreementquantities, the party desiring to Reworkdrill, Sidetrackrework, Deepen, Recomplete deepen or Plug Back plug back such a well shall give the other parties written notice of the proposed operation to the parties who have not otherwise relinquished their interest in such objective Zone under this Agreement and to all other parties in the case of a proposal for Sidetracking or Deepeningoperation, specifying the work to be performed, the location, proposed depth, objective Zone formation and the estimated cost of the operation. The parties to whom receiving such a notice is delivered shall have thirty (30) days after receipt of the notice within which to notify the party proposing wishing to do the work whether they elect to participate in the cost of the proposed operation. If a drilling rig is on location, notice of a proposal to Reworkrework, Sidetrack, Recomplete, Plug Back plug back or Deepen drill deeper may be given by telephone and the response period shall shell be limited limped to fortytwenty-eight four (48) hours24), exclusive inclusive of Saturday, Sunday Sunday, and legal holidays. Failure of a party to whom receiving such notice is delivered to reply within the period above fixed shall constitute an election by that party not to participate in the cost of the proposed operation. Any proposal notice or response given by a party to conduct an operation conflicting with the operation initially proposed telephone shall be delivered to all parties within the time and promptly confirmed in the manner provided in Article VI.B.6writing. If all parties to whom such notice is delivered elect to participate in such a proposed operation, the parties shall be contractually committed to participate therein provided such operations are commenced within the time period hereafter set forth, and Operator shall, no later than . within ninety (90) days after expiration of the notice period of thirty (30) days (or as promptly as practicable possible after the expiration of the fortytwenty-eight four (4824) hour period when a drilling rig is on location, as the case may be), actually commence the proposed operation and thereafter complete it with due diligence at the risk and expense of the all parties participating thereinhereto; provided, however, said commencement date may be extended upon written notice of same by Operator to the other parties, for a period of up to thirty (30) additional days if, in the sole opinion of the Operator, such additional time is reasonably necessary to obtain permits from governmental authorities, surface rights (including rights-of-way) or appropriate drilling equipment, or to complete title examination or curative matter required for title approval or at acceptance. If Notwithstanding the force xxxxxx provision of Article XI, if the actual operation has not been commenced within the time period provided (including any extension thereof as specifically permitted herein or in the force majeure provisions of Article XIherein) and if any party hereto still desires to conduct said operation, written notice proposing same must be resubmitted submitted to the other parties in accordance herewith with the provisions hereof as if no prior proposal had has been made...

Appears in 2 contracts

Samples: Prospect Participation Agreement (American Petro-Hunter Inc), Participation Agreement (American Petro-Hunter Inc)

Proposed Operations. If any party hereto Party should desire to drill any well in the Contract Area, or if any Party should desire to Rework, Sidetrack, Deepen, Recomplete or Plug Back a dry hole or a well no longer capable of producing in paying quantities in which such party the Party has not otherwise relinquished its interest in the proposed objective Zone under this Agreement, the party Party desiring to drill, Rework, Sidetrack, Deepen, Recomplete or Plug Back such a well shall give written notice of the proposed operation to the parties Parties who have not otherwise relinquished their interest in such the objective Zone under this Agreement and to all other parties Parties in the case of a proposal for Sidetracking or Deepening, specifying the work to be performed, the location, proposed depth, objective Zone Zone, and the estimated cost of the operation. The parties Each Party to whom such a notice is delivered shall have thirty (30) days after receipt of the notice within which to notify the party Party proposing to do the work whether they elect it elects to participate in the cost of the proposed operation. If a drilling rig is on location, notice of a proposal to Rework, Sidetrack, Recomplete, Plug Back or Deepen may be given by telephone and the response period shall be limited to forty-eight (48) hours, exclusive of Saturday, Sunday Sunday, and legal holidays. Failure of a party Party to whom such a notice is delivered to reply within the specified period above fixed shall constitute an election by that party Party not to participate in the cost of the proposed operation. Any proposal by a party Party to conduct an operation conflicting with the operation initially proposed shall be delivered to all parties Parties within the time and in the manner provided in Article VI.B.6. If all parties Parties to whom such notice is delivered elect to participate in such a the proposed operation, the parties Parties shall be contractually committed to participate therein participate, provided such the operations are commenced within the time period hereafter set forthprovided below, and Operator shall, no later than ninety (90) days after expiration of the notice period of thirty (30) days (or as promptly as practicable after the expiration of the forty-eight (48) hour period when a drilling rig is on location, as the case may be), actually commence the proposed operation and thereafter then complete it with due diligence at the risk and expense of the parties Parties participating thereinin it; provided, however, said the commencement date may be extended upon on written notice of same by Operator to the other partiesParties, for a period of up to thirty (30) additional days if, in the sole opinion of the Operator, such the additional time is reasonably necessary to obtain permits from governmental authorities, surface rights (including rights-of-way) ), or appropriate drilling equipment, or to complete title examination or curative matter required for title approval or acceptance. If the actual operation has not been commenced within the time provided (including any extension thereof as specifically permitted herein permitted, or in the force majeure provisions of Article XIIX) and if any party hereto Party still desires to conduct said the operation, written notice proposing the same must be resubmitted to the other parties Parties in accordance herewith with the provisions of this Agreement, as if no prior proposal had has been made. Those Parties that did not participate in the drilling of a well for which a proposal to Deepen or Sidetrack is made shall, if such Parties desire to participate in the proposed Deepening or Sidetracking operation, reimburse the Drilling Parties in accordance with Article VI.B.4 if a Deepening operation and in accordance with Article VI.B.5 if a Sidetracking operation.

Appears in 2 contracts

Samples: Operating Agreement (American Liberty Petroleum Corp.), Operating Agreement (American Liberty Petroleum Corp.)

Proposed Operations. If any party hereto should desire to drill any well on the Contract other than the Initial Well, or if any party should desire to Rework, Sidetrack, Deepen, Recomplete or Plug Back a dry hole or a well no longer capable of producing in paying quantities in which such party has not otherwise relinquished its interest in the proposed objective Zone under this Agreementagreement, the party desiring to drill, Rework, Sidetrack, Deepen, Recomplete or Plug Back such a well shall give written notice of the proposed operation to the parties who have not otherwise relinquished their interest in such objective Zone under this Agreement agreement and to all other parties in the case of a proposal for Sidetracking or Deepening, specifying the work to be performed, the location, proposed depth, objective Zone and the estimated cost of the operation. The parties to whom such a notice is delivered shall have thirty (30) days after receipt of the notice within which to notify the party proposing to do the work whether they elect to participate in the cost of the proposed operation. If a drilling rig is on location, notice of a proposal to Rework, Sidetrack, Recomplete, Plug Back or Deepen may be given by telephone and the response period shall be limited to forty-eight (48) hours, exclusive of Saturday, Sunday and legal holidays. Failure of a party to whom such notice is delivered to reply within the period above fixed shall constitute an election by that party not to participate in the cost of the proposed operation. Any proposal by a party to conduct an operation conflicting with the operation initially proposed shall be delivered to all parties within the time and in the manner provided in Article VI.B.6. If all parties to whom such notice is delivered elect to participate in such a proposed operation, the parties shall be contractually committed to participate therein provided such operations are commenced within with the time period hereafter set forth, and Operator shall, no later than ninety (90) days after expiration of the notice period of thirty (30) days (or as promptly as practicable possible after the expiration of the forty-eight (48) hour period when a drilling rig is on location, as the case may be), actually commence the proposed operation and thereafter complete it with due diligence at the risk and expense of the parties participating therein; provided, however, said commencement date may be extended upon written notice of same by Operator to the other parties, for a period of up to thirty (30) additional days if, in the sole opinion of the Operator, such additional time is reasonably necessary to obtain permits from governmental authorities, surface rights (including rights-of-way) or appropriate drilling equipment, or to complete title examination or curative matter required for title approval or acceptance. If the actual operation has not been commenced within the time provided (including any extension thereof as specifically permitted herein or in the force majeure provisions of Article XI) and if any party hereto still desires to conduct said operation, written notice proposing same must be resubmitted to the other parties in accordance herewith as if no prior proposal had been made. Those parties that did not participate in the drilling of a well for which a proposal to Deepen or Sidetrack is made hereunder shall, if such parties desire to participate in the proposed Deepening of Sidetracking operations, reimburse the Drilling Parties in accordance with Article VI.B.4 in the event of a Deepening operation and in accordance with Article VIB.5 in the event of a Sidetracking operation.

Appears in 1 contract

Samples: Farmout Agreement (PetroSouth Energy Corp.)

Proposed Operations. If any party hereto should desire Should Operator propose to Reworkrework, Sidetrack, Deepen, Recomplete deepen or Plug Back a dry hole or a plug back the well no longer capable of if not then producing in paying quantities in which such party has not otherwise relinquished its interest in the proposed objective Zone under this Agreementquantities, the party desiring to Rework, Sidetrack, Deepen, Recomplete or Plug Back such a well Operator shall give the other parties written notice of the proposed operation to the parties who have not otherwise relinquished their interest in such objective Zone under this Agreement and to all other parties in the case of a proposal for Sidetracking or Deepeningoperation, specifying the work to be performed, the location, proposed depth, objective Zone formation and the estimated cost of the operation. The parties to whom receiving such a notice is delivered shall have thirty (30) days after receipt of the notice within which to notify the party proposing wishing to do the work whether they elect to participate in the cost of the proposed operation. If a drilling rig is on location, notice of a proposal to Reworkrework, Sidetrack, Recomplete, Plug Back plug back or Deepen drill deeper may be given by telephone and the response period shall be limited to forty-eight (48) hours, exclusive of Saturday, Sunday Sunday, and legal holidays. Failure of a party to whom such receiving notice is delivered to reply within the specified period above fixed shall constitute an election by that party not to participate in the cost of the proposed operation. Any proposal notice or response given by a party to conduct an operation conflicting with the operation initially proposed telephone shall be delivered to all parties within the time and promptly confirmed in the manner provided in Article VI.B.6writing. If all parties to whom such notice is delivered elect to participate in such a proposed operation, the parties shall be contractually committed to participate therein provided such operations are commenced within the time period hereafter set forth, and Operator shall, no later than within ninety (90) days after expiration of the notice period of thirty (30) days (or as promptly as practicable possible after the expiration of the forty-eight (48) hour period when a drilling rig is on location, as the case may be), actually commence the proposed operation and thereafter complete it with due diligence at the risk and expense of the parties participating thereinall parties; provided, however, said the commencement date may be extended upon on written notice of same by Operator to the other parties, for a period of up to thirty (30) additional days if, in the sole opinion of the Operator, such the additional time is reasonably necessary to obtain permits from governmental authorities, surface rights (including rights-of-way) or appropriate drilling equipment, or to complete title examination or curative matter required for title approval or acceptance. If Notwithstanding the force majeure provisions of Article XI, if the actual operation has not been commenced within the time provided (including any extension thereof as specifically permitted herein or in the force majeure provisions of Article XIpermitted) and if any party hereto still desires to conduct said the operation, written notice proposing same it must be resubmitted to the other parties in accordance herewith with the provisions above as if no prior proposal had been made. This section shall also include any additional science acquisition, such as seismic surveys, as “proposed operations.

Appears in 1 contract

Samples: Operating Agreement (RICHFIELD OIL & GAS Co)

Proposed Operations. If Only the Operator shall have the right to propose operations other than the initial well. Should Operator desire to drill any party hereto well on the Contract Area other than the Initial Well, or should desire to Rework, Sidetrack, Deepen, Recomplete or Plug Back a dry hole or a well no longer capable of producing in paying quantities in which such party has not otherwise relinquished its interest in the proposed objective Zone under this Agreementquantities, the party Operator desiring to drill, Rework, Sidetrack, Deepen, Recomplete or Plug Back such a well shall give written notice of the proposed operation to the parties who have not otherwise relinquished their interest in such objective Zone under this Agreement agreement and to all other parties in the case of a proposal for Sidetracking or Deepening, specifying the work to be performed, the location, proposed depth, objective Zone and the estimated cost of the operation. The parties to whom such a notice is delivered shall have thirty (30) days after receipt of the notice within which to notify the party proposing to do the work whether they elect to participate in the cost of the proposed operation. If a drilling rig is on location, notice of a proposal to Rework, Sidetrack, Recomplete, Plug Back or Deepen may be given by telephone and the response period shall be limited to forty-eight (48) hours, exclusive of Saturday, Sunday and legal holidays. Failure of a party to whom such notice is delivered to reply within the period above fixed shall constitute an election by that party not to participate in the cost of the proposed operation. Any proposal by a party to conduct an operation conflicting with the operation initially proposed shall be delivered to all parties within the time and in the manner provided in Article VI.B.6. If all parties to whom such notice is delivered elect to participate in such a proposed operation, the parties shall be contractually committed to participate therein provided such operations are commenced within the time period hereafter set forth, and Operator shall, no later than ninety (90) days after expiration of the notice period of thirty (30) days (or as promptly as practicable after the expiration of the forty-eight (48) hour period when a drilling rig is on location, as the case may be), actually commence the proposed operation and thereafter complete it with due diligence at the risk and expense of the parties participating therein; provided, however, said commencement date may be extended upon written notice of same by Operator to the other parties, for a period of up to thirty (30) additional days if, in the sole opinion of the Operator, such additional time is reasonably necessary to obtain permits from governmental authorities, surface rights (including rights-of-of- way) or appropriate drilling equipment, or to complete title examination or curative matter required for title approval or acceptance. If the actual operation has not been commenced within the time provided (including any extension thereof as specifically permitted herein or in the force majeure provisions of Article XI) and if any party hereto still desires to conduct said operation, written notice proposing same must be resubmitted to the other parties in accordance herewith as if no prior proposal had been made. Those parties that did not participate in the drilling of a well for which a proposal to Deepen or Sidetrack is made hereunder shall, if such parties desire to participate in the proposed Deepening or Sidetracking operation, reimburse the Drilling Parties in accordance with Article VI.B.4. in the event of a Deepening operation and in accordance with Article VI.B.5. in the event of a Sidetracking operation.

Appears in 1 contract

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

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Proposed Operations. If any party hereto should desire to drill any well on the Contract Area or if any party should desire to Rework, Sidetrack, Deepen, Recomplete or Plug Back a dry hole or a well no longer capable of producing in paying quantities in which such party has not otherwise relinquished its interest in the proposed objective Zone under this Agreementagreement, the party desiring to drill, Rework, Sidetrack, Deepen, Recomplete or Plug Back such a well shall give written notice of the proposed operation to the parties who have not otherwise relinquished their interest in such objective Zone Zone A. A.P.L. FORM 610 — MODEL FORM OPERATING AGREEMENT- 1989 under this Agreement agreement and to all other parties in the case of a proposal for Sidetracking or Deepening, specifying the work to be performed, the location, proposed depth, objective Zone and the estimated cost of the operation. The parties to whom such a notice is delivered shall have thirty (30) days after receipt of the notice within which to notify the party proposing to do the work whether they elect to participate in the cost of the proposed operation. If a drilling rig is on location, notice of a proposal to Rework, Sidetrack, Recomplete, Plug Back or Deepen may be given by telephone and the response period shall be limited to fortytwenty-eight four (4824) hours, exclusive of Saturday, Sunday and legal holidays. Failure of a party to whom such notice is delivered to reply within the period above fixed shall constitute an election by that party not to participate in the cost of the proposed operation. Any proposal by a party to conduct an operation conflicting with the operation initially proposed shall be delivered to all parties within the time and in the manner provided in Article VI.B.6. If all parties to whom such notice is delivered elect to participate in such a proposed operation, the parties shall be contractually committed to participate therein provided such operations are commenced within the time period hereafter set forth, and Operator shall, no later than ninety (90) days after expiration of the notice period of thirty (30) days (or as promptly as practicable after the expiration of the fortytwenty-eight four (4824) hour period when a drilling rig is on location, as the case may be), actually commence the proposed operation and thereafter complete it with due diligence at the risk and expense of the parties participating therein; provided, however, said commencement date may be extended upon written notice of same by Operator to the other parties, for a period of up to thirty (30) additional days if, in the sole opinion of the Operator, such additional time is reasonably necessary to obtain permits from governmental authorities, surface rights (including rights-of-way) or appropriate drilling equipment, or to complete title examination or curative matter required for title approval or acceptance. If the actual operation has not been commenced within the time provided (including any extension thereof as specifically permitted herein or in the force majeure provisions of Article XI) and if any party hereto still desires to conduct said operation, written notice proposing same must be resubmitted to the other parties in accordance herewith as if no prior proposal had been made. Those parties that did not participate in the drilling of a well for which a proposal to Deepen or Sidetrack is made hereunder shall, if such parties desire to participate in the proposed Deepening or Sidetracking operation, reimburse the Drilling Parties in accordance with Article VI.B.4. in the event of a Deepening operation and in accordance with Article VI.B.5. in the event of a Sidetracking operation.

Appears in 1 contract

Samples: Operating Agreement (Belden & Blake Corp /Oh/)

Proposed Operations. If 1. Should any party hereto should desire to Reworkdrill any well on the Contract Area other than the well provided for in Section 6.1, Sidetrackor to rework, Deepen, Recomplete deepen or Plug Back plug back a dry hole or a well no longer capable of producing in paying quantities in which such party has not otherwise relinquished its interest in drilled on the proposed objective Zone under this AgreementContract Area, the party desiring to Reworkdrill, Sidetrackrework, Deepen, Recomplete deepen or Plug Back plug back such a well shall give the other parties written notice of the proposed operation to the parties who have not otherwise relinquished their interest in such objective Zone under this Agreement and to all other parties in the case of a proposal for Sidetracking or Deepeningoperation, specifying the work to be performed, the location, proposed depth, objective Zone formation and the estimated cost of the operation. The parties to whom receiving such a notice is delivered shall have thirty fifteen (3015) days after receipt of the notice within which to notify the party proposing wishing to do the work whether they elect to participate in the cost of the proposed operation. If a drilling rig is on location, notice of a proposal to Reworkrework, Sidetrack, Recomplete, Plug Back plug back or Deepen drill deeper may be given by telephone and the response period shall be limited to fortytwenty-eight four (4824) hours, exclusive of Saturday, Sunday Sunday, and legal holidays. Failure of a party to whom receiving such notice is delivered to reply within the period above fixed shall constitute an election by that party not to participate in the cost of the proposed operation. Any proposal notice or response given by a party to conduct an operation conflicting with the operation initially proposed telephone shall be delivered to all parties within the time and promptly confirmed in the manner provided in Article VI.B.6writing. 2. If all parties to whom such notice is delivered elect to participate in such a proposed operation, the parties shall be contractually committed to participate therein provided such operations are commenced within the time period hereafter set forth, and Operator shall, no later than within ninety (90) days after expiration of the notice period of thirty fifteen (3015) days (or as promptly as practicable possible after the expiration of the forty/ twenty-eight four (4824) hour period when a drilling rig is on location, as the case may be), actually commence the proposed operation and thereafter complete it with due diligence at the risk and expense of the all parties participating thereinhereto; provided, however, said commencement date may be extended upon written notice of same by Operator to the other parties, for a period of up to thirty (30) additional days if, in the sole opinion of the Operator, such additional time is reasonably necessary to obtain permits from governmental authorities, surface rights (including rights-of-way) or appropriate drilling equipment, or to complete title examination or curative matter required for title approval or acceptance. If Notwithstanding the force majeure provisions of Article XI, if the actual operation has not been commenced within the time provided (including any extension thereof as specifically permitted herein or in the force majeure provisions of Article XIherein) and if any party hereto still desires to conduct said operation, written notice proposing same must be resubmitted to the other parties in accordance herewith with the provisions hereof as if no prior proposal had been made.

Appears in 1 contract

Samples: Asset Purchase Agreement (Saga Energy, Inc.)

Proposed Operations. If any party hereto should desire to drill any well on the Contract Area or if any party should desire to Rework, Sidetrack, Deepen, Recomplete or Plug Back a dry hole or a well no longer capable of producing in paying quantities in which such party has not otherwise relinquished its interest in the proposed objective Zone under this Agreementagreement, the party desiring to drill, Rework, Sidetrack, Deepen, Recomplete or Plug Back such a well shall give written notice of the proposed operation to the parties who have not otherwise relinquished their interest in such objective Zone under this Agreement agreement and to all other parties in the case of a proposal for Sidetracking or Deepening, specifying the work to be performed, the location, proposed depth, objective Zone and the estimated cost of the operation. The parties to whom such a notice is delivered shall have thirty (30) days after receipt of the notice within which to notify the party proposing to do the work whether they elect to participate in the cost of the proposed operation. If a drilling rig is on location, notice of a proposal to Rework, Sidetrack, Recomplete, Plug Back or Deepen may be given by telephone and the response period shall be limited to fortytwenty-eight four (4824) hours, exclusive of Saturday, Sunday and legal holidays. Failure of a party to whom such notice is delivered to reply within the period above fixed shall constitute an election by that party not to participate in the cost of the proposed operation. Any proposal by a party to conduct an operation conflicting with the operation initially proposed shall be delivered to all parties within the time and in the manner provided in Article VI.B.6. If all parties to whom such notice is delivered elect to participate in such a proposed operation, the parties shall be contractually committed to participate therein provided such operations are commenced within the time period hereafter set forth, and Operator shall, no later than ninety (90) days after expiration of the notice period of thirty (30) days (or as promptly as practicable after the the A. A.P.L. FORM 610 — MODEL FORM OPERATING AGREEMENT — 1989 expiration of the fortytwenty-eight four (4824) hour period when a drilling rig is on location, as the case may be), actually commence the proposed operation and thereafter complete it with due diligence at the risk and expense of the parties participating therein; provided, however, said commencement date may be extended upon written notice of same by Operator to the other parties, for a period of up to thirty (30) additional days if, in the sole opinion of the Operator, such additional time is reasonably necessary to obtain permits from governmental authorities, surface rights (including rights-of-way) or appropriate drilling equipment, or to complete title examination or curative matter required for title approval or acceptance. If the actual operation has not been commenced within the time provided (including any extension thereof as specifically permitted herein or in the force majeure provisions of Article XI) and if any party hereto still desires to conduct said operation, written notice proposing same must be resubmitted to the other parties in accordance herewith as if no prior proposal had been made. Those parties that did not participate in the drilling of a well for which a proposal to Deepen or Sidetrack is made hereunder shall, if such parties desire to participate in the proposed Deepening or Sidetracking operation, reimburse the Drilling Parties in accordance with Article VI.B.4. in the event of a Deepening operation and in accordance with Article VI.B.5. in the event of a Sidetracking operation.

Appears in 1 contract

Samples: Operating Agreement (EV Energy Partners, LP)

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