Common use of Xxxxxx Rights Clause in Contracts

Xxxxxx Rights. 1. The Lessor reserves the right to all minerals on, in and under the leased premises not herein expressly granted. 2. The Lessor reserves the right to use or lease the premises, or any part thereof, at any time, for any purpose but not to the detriment of the rights and privileges herein specifically granted. 3. The Lessor reserves the right to sell or otherwise dispose of the premises, or any part thereof, subject to the terms and conditions of this Lease. 4. The Lessor shall not be liable for any damages resulting from failure of its title, or control of restrictions established by the State department or Federal governmental agency having jurisdiction over the surface of the leased lands, as either relates to rights included herein; provided, however, that if the Lessor's title or control fails as to any or all of the rights covered by this Lease, the Lessor shall refund to the Lessee all bonus, rental or royalty payments made by the Lessee attributable to that part or portion of, or interest in, the title or control which has failed. In the event of title dispute wherein the Lessor's claim to title prevails, the Lessor shall receive interest at the prevailing prime rate on all money withheld by the Lessee pending settlement of the title dispute. 5. Should the Lessor be prevented from complying with any express or implied covenant of this Lease because of a force majeure (i.e., for any cause beyond the reasonable control of the Lessor such as, but not limited to, acts of God, legislation or rules of any governmental body, including budgeting constraints, any judgment of injunctive order entered by a court of competent jurisdiction, acts of the public enemy, riots, strikes, labor disputes, labor or material shortages, fire or flood) then such covenant shall be suspended to the extent made necessary by the aforesaid force majeure. 6. The Lessor reserves the right to require the Lessee to drill and operate xxxxx to offset producible xxxxx on adjoining production units when the Lessor believes drainage is occurring, regardless of whether such adjoining units are owned or leased by the Lessee. If, within one hundred twenty (120) calendar days from the date notification from the Lessor is mailed pursuant to E(1), the Lessee fails to: commence drilling such offset well(s), or agree to payment of and to commence payment of commensurate royalties on a monthly basis, or to submit reasonable proof to the Lessor that drainage is not occurring, the Lessor may require the Lessee to surrender a portion of the leased premises necessary to establish a Drilling Unit(s) for the drilling of offset xxxxx. Offset xxxxx shall be drilled to a depth not less than that of the producing formation of the adjoining well, and the drilling of such offset well or xxxxx shall be prosecuted to completion in good faith. In the event the Lessee elects to make payment of commensurate royalties, the Lessee shall provide the Lessor with information in the Lessee's possession relevant to determination of said royalties. 7. For the purpose of oil and/or gas development and production under this Lease, the Lessor does hereby grant to the Lessee, the right to pool said premises, or any part thereof, with other land to comprise an oil and/or gas Drilling Unit. The Lessee shall record in the Register of Deeds office in the county in which said Drilling Unit is situated, an instrument identifying the unit so authorized, and a copy of the recorded instrument shall be filed with the Lessor within thirty (30) calendar days after recording. If such oil and/or gas well shall not be drilled on the leased premises but within the authorized Drilling Unit, it shall nevertheless be deemed to be upon the leased premises within the meaning of all of the covenants, expressed or implied, in this Lease, but only to the extent that the leased premises are included within the Drilling Unit. The Lessor shall participate in the royalty from such oil and/or gas Drilling Unit, at the rate provided in this Lease, only in the proportion that the number of acres owned by the Lessor within the limitations of such Drilling Unit bears to the total number of acres included therein unless a substitute method is agreed to between the Lessee and the Lessor or established by the Supervisor of Xxxxx. 8. Unitization Agreements including acres under this Lease must be approved in writing by the Lessor. Participation in royalties from a unitized area, or rent abatements, shall be in accordance with the Unitization Agreement. 9. The Lessor reserves the right, at its option, to renegotiate certain terms and conditions of the Lease as requested by the Lessor or Lessee.

Xxxxxx Rights. 1. The Lessor reserves the right to all minerals on, in and under the leased premises not herein expressly granted. 2. The Lessor reserves the right to use or lease the premises, or any part thereof, at any time, for any purpose but not to the detriment of the rights and privileges herein specifically granted. 3. The Lessor reserves the right to sell or otherwise dispose of the premises, or any part thereof, subject to the terms and conditions of this Lease. 4. The Lessor shall not be liable for any damages resulting from failure of its title, or control of restrictions established by the State state department or Federal governmental agency having jurisdiction over the surface of the leased lands, as either relates to rights included herein; provided, however, that if the Lessor's title or control fails as to any or all of the rights covered by this Lease, the Lessor shall refund to the Lessee all bonus, rental or royalty payments made by the Lessee attributable to that part or portion of, or interest in, the title or control which has failed. In the event of title dispute wherein the Lessor's claim to title prevails, the Lessor shall receive interest at the prevailing prime rate on all money withheld by the Lessee pending settlement of the title dispute. 5. Should the Lessor be prevented from complying with any express or implied covenant of this Lease because of a force majeure (i.e., for any cause beyond the reasonable control of the Lessor such as, but not limited to, acts of God, legislation or rules of any governmental body, including budgeting constraints, any judgment of injunctive order entered by a court of competent jurisdiction, acts of the public enemy, riots, strikes, labor disputes, labor or material shortages, fire or flood) then such covenant shall be suspended to the extent made necessary by the aforesaid force majeure. 6. The Lessor reserves the right to require the Lessee to drill and operate xxxxx to offset producible xxxxx on adjoining production units when the Lessor believes drainage is occurring, regardless of whether such adjoining units are owned or leased by the Lessee. If, within one hundred twenty (120) calendar days from the date notification from the Lessor is mailed pursuant to E(1), the Lessee fails to: commence drilling such offset well(s), or agree to payment of and to commence payment of commensurate royalties on a monthly basis, or to submit reasonable proof to the Lessor that drainage is not occurring, the Lessor may require the Lessee to surrender a portion of the leased premises necessary to establish a Drilling Unit(s) for the drilling of offset xxxxx. Offset xxxxx shall be drilled to a depth not less than that of the producing formation of the adjoining well, well and the drilling of such offset well or xxxxx shall be prosecuted to completion in good faith. In the event the Lessee elects to make payment of commensurate royalties, the Lessee shall provide the Lessor with information in the Lessee's possession relevant to determination of said royalties. 7. For the purpose of oil and/or gas development and production under this Lease, the Lessor does hereby grant to the Lessee, the right to pool said premises, or any part thereof, with other land to comprise an oil and/or gas Drilling Unit. The Lessee shall record in the Register of Deeds office in the county in which said Drilling Unit is situated, an instrument identifying the unit so authorized, and a copy of the recorded instrument shall be filed with the Lessor within thirty (30) calendar days after recording. If such oil and/or gas well shall not be drilled on the leased premises but within the authorized Drilling Unit, it shall nevertheless be deemed to be upon the leased premises within the meaning of all of the covenants, expressed or implied, in this Lease, but only to the extent that the leased premises are included within the Drilling Unit. The Lessor shall participate in the royalty from such oil and/or gas Drilling Unit, at the rate provided in this Lease, only in the proportion that the number of acres owned by the Lessor within the limitations of such Drilling Unit bears to the total number of acres included therein unless a substitute method is agreed to between the Lessee and the Lessor or established by the Supervisor of Xxxxx. 8. Unitization Agreements including acres under this Lease must be approved in writing by the Lessor. Participation in royalties from a unitized area, or rent abatements, shall be in accordance with the Unitization Agreement. 9. The Lessor reserves the right, at its option, to renegotiate certain terms and conditions of the Lease as requested by the Lessor or Lessee. 10.

Xxxxxx Rights. 1. The Lessor reserves the right to all minerals on, in and under the leased premises not herein expressly granted. 2. The Lessor reserves the right to use or lease the premises, or any part thereof, at any time, for any purpose but not to the detriment of the rights and privileges herein specifically granted. 3. The Lessor reserves the right to sell or otherwise dispose of the premises, or any part thereof, subject to the terms and conditions of this Lease. 4. The Lessor shall not be liable for any damages resulting from failure of its title, or control of restrictions established by the State department or Federal governmental agency having jurisdiction over the surface of the leased lands, as either relates to rights included herein; provided, however, that if the Lessor's ’s title or control fails as to any or all of the rights covered by this Lease, the Lessor shall refund to the Lessee all bonus, rental or royalty payments made by the Lessee attributable to that part or portion of, or interest in, the title or control which has failed. In the event of title dispute wherein the Lessor's ’s claim to title prevails, the Lessor shall receive interest at the prevailing prime rate on all money withheld by the Lessee pending settlement of the title dispute. 5. Should the Lessor be prevented from complying with any express or implied covenant of this Lease because of a force majeure (i.e., for any cause beyond the reasonable control of the Lessor such as, but not limited to, acts of God, legislation or rules of any governmental body, including budgeting constraints, any judgment of injunctive order entered by a court of competent jurisdiction, acts of the public enemy, riots, strikes, labor disputes, labor or material shortages, fire or flood) then such covenant shall be suspended to the extent made necessary by the aforesaid force majeure. 6. The Lessor reserves the right to require the Lessee to drill and operate xxxxx to offset producible xxxxx on adjoining production units when the Lessor believes drainage is occurring, regardless of whether such adjoining units are owned or leased by the Lessee. If, within one hundred twenty (120) calendar days from the date notification from the Lessor is mailed pursuant to E(1), the Lessee fails to: commence drilling such offset well(s), or agree to payment of and to commence payment of commensurate royalties on a monthly basis, or to submit reasonable proof to the Lessor that drainage is not occurring, the Lessor may require the Lessee to surrender a portion of the leased lease premises necessary to establish a Drilling Unit(s) for the drilling of offset xxxxx. Offset xxxxx shall be drilled to a depth not less than that of the producing formation of the adjoining well, and the drilling of such offset well or xxxxx shall be prosecuted to completion in good faith. In the event the Lessee elects to make payment of commensurate royalties, the Lessee shall provide the Lessor with information in the Lessee's ’s possession relevant to determination of said royalties. 7. For the purpose of oil and/or gas development and production under this Lease, the Lessor does hereby grant to the Lessee, the right to pool said premises, or any part thereof, with other land to comprise an oil and/or gas Drilling Unit. The Lessee shall record in the Register of Deeds office in the county in which said Drilling Unit is situated, ; an instrument identifying the unit so authorized, and a copy of the recorded instrument shall be filed with the Lessor within thirty (30) calendar days after recording. If such oil and/or gas g as well shall not be drilled on the leased premises but within the authorized Drilling Unit, it shall nevertheless be deemed to be upon the leased premises within the meaning of all of the covenants, expressed or implied, in this Lease, but only to the extent that the leased premises are included within the Drilling Unit. The Lessor shall participate in the royalty from such oil and/or gas Drilling Unit, at the rate provided in this Lease, only in the proportion that the number of acres owned by the Lessor within the limitations of such Drilling Unit bears to the total number of acres included therein unless a substitute method is agreed to between the Lessee and the Lessor lessor or established by the Supervisor of Xxxxx. 8. Unitization Agreements including acres under this Lease must be approved in writing by the Lessor. Participation in royalties from a unitized area, or rent abatements, abatements shall be in accordance with the Unitization Agreement. 9. The Lessor reserves the right, at its option, to renegotiate certain terms and conditions of the Lease as requested by the Lessor or Lessee.

Xxxxxx Rights. 1. The Lessor reserves the right to retains all minerals onof its timber, sand and gravel, and other nonmetallic mineral interests in and under the leased premises not herein expressly granted. 2. The Lessor and reserves the right rights to make any use or lease of the leased premises, or any part thereof, at any time, for any purpose but not which may be undertaken without detriment to the detriment of the rights and privileges herein specifically grantedgranted to the lessee. 32. The Lessor reserves the right to sell or otherwise dispose of the premises, or any part thereof, subject to the terms and conditions of this Lease. 4. The Lessor shall not be liable for any damages resulting from failure of its title, or control of restrictions established by the State department or Federal governmental agency having jurisdiction over the surface of the leased lands, as either relates title to rights included herein; provided, however, that if the Lessor's title or control fails as to any or all of the rights covered by this Leaselease, the Lessor shall refund to the Lessee all bonus, rental rental, Minimum Royalties, or royalty payments Production Royalties made by the Lessee attributable to that part or portion of, or interest in, the title or control which has failed. 3. In All materials mined from the event leased premises and not shipped from the mining unit after production of title dispute wherein minerals and/or mineral products has ceased for three consecutive years, or after the lease has terminated, remain the property of the Lessor's claim to title prevails, the . Lessor may direct or authorize how these materials shall receive interest at the prevailing prime rate on all money withheld by the Lessee pending settlement of the title disputebe stored or disposed. 54. Should the Lessor be prevented from complying with any express or implied covenant of this Lease lease because of a force majeure (i.e., for any cause beyond the reasonable control of the Lessor such as, but not limited to, acts of God, legislation or legislation, rules of any other governmental body, including budgeting constraints, any judgment of or injunctive order entered by a court of competent jurisdiction, acts of the public enemy, riots, strikes, labor disputes, labor or material shortages, fire fire, or flood) then such covenant shall be suspended to the extent made necessary by the aforesaid force majeure. 5. Lessor, and any of its authorized employees, consultants, or contractors, may at all times enter upon the leased premises and ascertain compliance with any condition of this lease and the kind, qualities, and quantities of minerals and/or mineral products on the leased premises or removed therefrom. Lessor shall also have the right to check the movement of minerals and/or mineral products from the workings of the leased premises to storage and to the mill, smelter, and refinery; to be present at all weighing and sampling stations; and to take samples and observe the flow of minerals and/or mineral products from the leased premises through the mill, smelter, and refinery. The Lessor, consultants, or contractors shall have the right upon reasonable notice to examine the books, records, and supporting documents, and to conduct audits of those records of the Lessee insofar as they relate to the amount of production, value, and sale of minerals and/or mineral products derived from the premises herein leased. 6. The Lessor reserves the right to require deny the Lessee to drill and operate xxxxx to offset producible xxxxx from operations on adjoining production units when the Lessor believes drainage is occurring, regardless of whether such adjoining units are owned or leased by the Lessee. If, within one hundred twenty (120) calendar days from the date notification from the Lessor is mailed pursuant to E(1), the Lessee fails to: commence drilling such offset well(s), or agree to payment of and to commence payment of commensurate royalties on a monthly basis, or to submit reasonable proof to the Lessor that drainage is not occurring, the Lessor may require the Lessee to surrender a portion of the leased premises necessary in connection with Lessee's operations on any adjoining or nearby property or properties except if the leased premises and the adjoining or nearby properties are within a common mining operation area. Lessor may, at its sole discretion, and after payment of surface use fees by Lessee as determined by Lessor, allow Lessee to establish a Drilling Unit(s) use the premises hereby leased and any part thereof, and any shafts, openings, pits, and stockpile grounds sunk or made thereon, for the drilling of offset xxxxx. Offset xxxxx shall be drilled to a depth not less than that of the producing formation of the adjoining wellmining, removal, and stockpiling of any ores from any such adjoining or nearby premises, or for any purpose or purposes connected therewith, not however preventing or interfering with the drilling mining or removal of such offset well ore from the leased premises. Lessor recognizes the interest of Lessee and/or other owners of any nearby or xxxxx shall be prosecuted to completion adjacent premises in good faith. In any ores mined therefrom and stockpiled upon the event the Lessee elects to make payment of commensurate royalties, the Lessee shall provide the Lessor with information in the Lessee's possession relevant to determination of said royaltiesleased premises. 7. For the purpose of oil and/or gas development and production under this Lease, the Lessor does hereby grant may require Lessee to barricade entrance to the Lessee, the right to pool said roadway(s) on surrendered leased premises, to seed the roadway(s) or any part thereof, with other land to comprise an oil and/or gas Drilling Unit. The Lessee shall record in leave the Register of Deeds office in the county in which said Drilling Unit is situated, an instrument identifying the unit so authorized, and a copy of the recorded instrument shall be filed with the Lessor within thirty (30roadway(s) calendar days after recording. If such oil and/or gas well shall not be drilled on the leased premises but within the authorized Drilling Unit, it shall nevertheless be deemed to be upon the leased premises within the meaning of all of the covenants, expressed or implied, in this Lease, but only to the extent that the leased premises are included within the Drilling Unit. The Lessor shall participate in the royalty from such oil and/or gas Drilling Unit, at the rate provided in this Lease, only in the proportion that the number of acres owned by the Lessor within the limitations of such Drilling Unit bears to the total number of acres included therein unless a substitute method is agreed to between the Lessee and the Lessor or established by the Supervisor of Xxxxxas constructed. 8. Unitization Agreements including acres under this Lease must be approved in writing by the Lessor. Participation in royalties from a unitized area, or rent abatements, shall be in accordance with the Unitization Agreement. 9. The Lessor reserves the right, at its option, to renegotiate certain terms and conditions of the Lease as requested by the Lessor or Lessee.