AGREEMENT
THIS AGREEMENT, made as of the 15th day of December, 1970, between UNION
OIL COMPANY OF CALIFORNIA, 0000 Xxxxxxx Xxxxxx, Xxxxxx,Xxxxxxxx, 00000
(hereinafter called "Union"), and THE MONTANA POWER COMPANY, 00 Xxxx
Xxxxxxxx, Xxxxx, Xxxxxxx, 00000 (hereinafter called "Montana").
WITNESSETH:
WHEREAS, Union and Montana are parties to that certain agreement between
Union and Xxxxxx X. Xxxxx, dated as of December 30, 1944, and recorded in
Book 18 of Deeds at page 15 in the office of the County Clerk and Recorder of
Glacier County, Montana (the "Xxxxx Agreement"); and also recorded in Book 42
of Deeds, page 321, Records of Toole County, Montana.
WHEREAS, Union and Montana now desire to replace the said Xxxxx
Agreement by the execution of this agreement;
NOW, THEREFORE, in consideration of the premises and the mutual
covenants and agreements herein contained the parties do hereby covenant and
agree as follows:
DEFINITIONS:
For all purposes of this agreement, the following terms shall have the
following meanings:
"Premises" or "said Premises" shall mean the lands owned, or affected by
oil and gas mineral interests and rights and oil and gas mining leases and
rights in which the parties have joint interests under the Xxxxx agreement on
the date of this agreement, and leases hereafter acquired pursuant to Article
12 of this agreement.
"Gas Well" shall mean any well located on the Premises, together with
all equipment of such well or incidental thereto, producing gas only or gas
and hydrocarbon fluids, wherein the ratio between the gas and hydrocarbon
fluids produced is in excess of twenty thousand (20,000) cubic feet of gas to
one (1) barrel of oil.
"Oil Well" shall mean any well other than a "Gas Well".
ARTICLE 1.
Each of the parties hereto shall have the right, at its own cost and
expense, to enter upon the Premises and to drill thereon xxxxx for oil and
gas, with the right to construct and maintain such derricks, pipelines,
tanks, are houses, dwelling houses, and any and all other structures as may
be necessary or proper in operations for oil or gas, as fully as such rights
may be conferred by agreement between the parties hereto; provided, that any
drilling operations by or for Montana, as the owner of the gas
rights, shall be protected solely in a bona fide attempt to discover and
produce gas (it being recognized, for example, that the drilling and
completion by Montana of an Oil Well in an horizon in an area known to be
productive of oil but non-productive of gas in ratios in excess of the 20,000
to 1 above fixed, would not constitute a bona fide attempt to discover and
produce gas), and any drilling operations by Union, as the owner of rights
other than gas rights under said Premises, shall be prosecuted solely in a
bona fide attempt to discover and produce products other than gas (it being
recognized, for example, that the drilling and completion by Union of a Gas
Well in an horizon in an area known to be productive of gas but
non-productive of oil in ratios below the 20,000 to 1 above fixed, would not
constitute a bona fide attempt to discover and produce products other than
gas).
If a well being drilled by or for the account of Montana on any of the
premises encounters any formation which may produce oil or other liquid
hydrocarbons, Montana (or the person drilling such well for the account of
Montana) shall so notify Union, and Union shall have the option to make a
test to determine whether or not said well will produce Union's products in
paying quantities. Unless within a reasonable time after the receipt of such
notice Union notifies Montana of its desire to test such formation, and which
notice by Union must actually be received by Montana, then Montana may
proceed to drill through said formation. If Union so elects within said
period to test such formation, then it may do so at its sole cost and
responsibility. Such tests must be completed within ten (10) days after
receipt of notice by Union as hereinabove provided. After the completion of
such tests, Montana shall then have the right to drill through said formation
if it so desires, but Montana shall use reasonable precaution to prevent the
waste or contamination of the oil, other liquid hydrocarbons or natural gas
in such well and in all other xxxxx drilled or operated on the Premises and
to prevent water or other liquids from entering into formations containing
oil or liquid hydrocarbons belonging to Union and through which Montana may
drill.
If a well being drilled by or for the account of Union on any of the
Premises encounters any formation which may produce gas, Union shall notify
Montana of such fact and shall have the same rights as are accorded Union in
the next proceeding paragraph to test such well, and Union shall have the
same obligations imposed upon Montana in said paragraph.
ARTICLE 2.
Upon completion of each well drilled upon the Premises the party for
whose account such well was drilled shall have the right to equip same for
production as it sees fit.
After the well has commenced producing, an adequate gauge of the same, if
demanded by the non-drilling party, shall be made in accordance with the
regulations, if any, of the regulatory body having jurisdiction of such
operation, or, if there is no
-2-
regulation, then in accordance with accepted practice in the industry, to
determine whether by reason of gas-liquid ratio the well as actually
producing shall be classified as a Gas Well or an Oil Well. Such tests shall
be conducted by or for the party for whose account such well was drilled, but
notice thereof shall be given to the other party who shall have the right to
witness such tests. The drilling party shall have the right at all times to
change the equipment in and the method of production of any well in an effort
to make the same productive of oil and gas, or either of them, and in such
proportions that the well under normal operating conditions will be
classified as a well which such drilling party is entitled to retain. It is
the intention and agreement of the parties hereto that xxxxx shall be
classified according to the products actually produced therefrom through a
separator in actual operations by its then owner, and not according to what
minerals the xxxxx might product under different operating conditions.
ARTICLE 3.
It is recognized that a well which upon completion may be a Gas Well may
thereafter become an Oil Well, and vice versa, a well which upon completion
is an Oil Well may thereafter become a Gas well. Consequently, each party
hereto at any time may request that a gauge of any well or xxxxx shall be
made to determine the proper classification of such well, and such gauge
shall be made under the conditions and subject to the provisions set forth in
Article 2 hereof, provided that any additional expense incurred by the then
well owner (upon the demand of the other party for a gauge) over and above
the ordinary expense of operating said well shall be paid by such other
party. If at the time any such well or xxxxx are so gauged, the
classification thereof is such that it was the then owner's type of well, and
as the result of said gauge the classification of such well becomes the other
party's type of well, then the then well owner shall have the right within
fifteen (15) days to change the equipment in or the method of operation of
said well so as to require its classification as such then well owner's type
of well, and shall have the right to commence within fifteen (15) days after
such test, operations for deepening or plugging back said well in an attempt
to require its classification as such owner's type of well.
ARTICLE 4.
In the event Union should complete, either through original drilling or
through plugging back or deepening, a well on any of the Premises, and which
falls within the classification of a Gas Well, as above defined, then upon
completion of an adequate gauge of same, and after prior notice to Montana as
above provided, but within thirty (30) days after final completion or
reworking or re-equipment thereof, Union shall notify Montana and shall
furnish Montana a complete statement showing the cost of the well and the
results of the gauge of same; and Montana shall have ten (10) days thereafter
in which to elect by notice in writing to Union whether
-3-
it desires to take over said well and pay the costs thereof as hereinafter
provided. If Montana elects to take over said well within said ten (10)
days, it shall promptly thereupon pay to Union the actual cost to Union of
said well, including the cost to Union of all casing, tubing, and other
materials taken over, but excluding all overhead costs; provided that there
shall be credited first against such cost all revenue received by Union
(after deducting the cost of operation and taxes and royalty) from the sale
of production from said well during the period from classification as a Gas
Well to the time of its being taken over. For the purposes of the preceding
sentence, the revenue from the sale of oil, gas and liquid hydrocarbons
produced and sold from such well shall be accounted for at the amount arrived
at by applying to the quantity so sold the prevailing field price at the time
of the sales. Oil and other liquid hydrocarbons produced and saved but not
sold shall be accounted for at the prevailing field price at the time of
production. If Montana fails to notify Union within the time required or its
election to take the same over, then Montana's right to take same over shall
thereupon cease, and all the production from said well shall thereafter
belong to and be owned by Union, and Union shall be obligated to account and
pay for all the royalties and taxes on production therefrom.
ARTICLE 5.
In the event Montana should complete, either through original drilling
or plugging back or deepening, a well on any of the Premises and which falls
within the classification of an Oil Well, as above defined, then upon
completion of an adequate gauge of same, and after prior notice to Union as
above provided, but within thirty (30) days after final completion or
reworking or re-equipping thereof, Montana shall notify Union and shall
furnish Union a complete statement showing the cost of the well and the
results of the gauge of same; and Union shall have ten (10) days thereafter
in which to elect by notice in writing to Montana whether it desires to take
over said well and pay the cost thereof as thereinafter provided. If Union
elects to take over said well within said ten (10) days, it shall promptly
thereupon pay to Montana the actual cost to Montana of said well, including
the cost to Montana of all casing, tubing and other materials taken over, but
excluding any overhead costs; provided that there shall be credited first
against said costs all the revenue received by Montana (after deducting the
cost of operation and taxes and royalty) from the sale of the production from
said well during the period from classification as an Oil Well to the time of
its being taken over. For the purposes of the preceding sentence, the
revenue from the sale of oil, gas and liquid hydrocarbons produced and sold
from such well shall be accounted for at not less than the amount arrived at
by applying to the quantity so sold the prevailing field price at the time of
the sales. Oil and other liquid hydrocarbons produced and saved but not sold
shall be accounted for at the prevailing field price at the time of
production. If Union fails to notify Montana within the time required of its
election to take same over, then Union's right to
-4-
take the same over shall thereupon cease and all the production from said
well thereafter shall belong to and be owned by Montana, and Montana shall be
obligated to account and pay for all the royalties and taxes on production
therefrom.
ARTICLE 6.
The rights granted under the provisions of Articles 4 and 5 hereof to
Montana and Union, respectively, shall become effective as to xxxxx which,
under the conditions set forth in Article 3 hereof, change their
classification; for example, where a well is completed by Union as an Oil
Well, and thereafter changes its classification so that it becomes classified
as a Gas Well, or where a well is completed by Montana as a Gas Well and
changes its classification so as to be classified as an Oil Well, then the
provisions of said Articles 4 and 5 shall be applicable to the same extent as
though, upon change of status, the well had thereupon been originally drilled
or plugged back or deepened.
Likewise, if either party does not elect to take over a well upon change
of classification as hereinabove provided, and said well is later deepened,
plugged back or recompleted, then the right of the respective parties to take
over in accordance with the above shall again apply to such well in event of
another change of classification, but there shall be credited against the
cost of said well only the revenue received from the production during the
time from recompletion to the time of taking over.
ARTICLE 7.
Despite the fact that a well may fall within the definition of Gas Well
and be owned by and operated by Montana, Union shall at its election from
time to time, be entitled to receive and own and Montana agrees to deliver to
Union, at a separator or gas trap installed, operated, and maintained by
Union, all liquid hydrocarbons produced from said Gas Well and thus separated
from the gas, free of any capital contribution on the part of Union to the
cost of drilling said well and free of any operating expenses or payment
therefor, except (i) the cost of installing, operating and maintaining such
separator or gas trap, (ii) taxes on the production or severance of such
liquid hydrocarbons from time of acquisition by Union and (iii) royalties
payable on account of the production of such liquid hydrocarbons from time of
acquisition by Union.
Likewise, despite the fact that a well may fall within the definition of
an Oil Well and be owned by and operated by Union, Montana shall, at its
election, from time to time, be entitled to receive and own and Union agrees
to deliver to Montana, at the outlet side of the separator or gas trap
installed, operated, and maintained by Montana, all gas (except the portion
thereof reserved and used by Union in its oil operations on the Premises)
produced and separated from such Oil Well, free of any capital contribution
-5-
on the part of Montana to the cost of drilling said well and free of any
operating expenses or payment therefor except (i) taxes on the production or
severance of such gas from time of acquisition by Montana, and (ii) royalties
payable on account of the production of such gas from time of acquisition by
Montana.
The obligation of the well owner to make delivery to the other party of
such other party's product or products, under the provisions of this article,
shall in no manner be construed to require such well owner to operate such
well for the benefit of such other party, but on the contrary such operations
shall be conducted by the well owner for the production of its own products,
in accordance with its own requirements and operating conditions, and
delivery of the other party's products shall be made at the conditions thus
existing.
ARTICLE 8.
It is understood that all gas produced from Oil Xxxxx (except such gas
which Montana elects, from time to time, to take and receive pursuant to the
provisions of the above Article 7) and gas produced by Union from Gas Xxxxx
which Montana does not elect, from time to time, to take over pursuant to the
provisions of Articles 4 and 6, is owned by and belongs to Union.
Union is hereby granted the right to use or consume free of cost (except
production and severance taxes and royalties, if any may be due) to Union,
such gas produced from Montana's Gas Xxxxx and from Oil Xxxxx from which
Montana so elects to take and receive gas as Union may require for the
development and operation of the Premises including gas lift and repressuring
operations, subject to the following:
(a) The prior right of Montana to take the gas required by it for
its pipe line.
(b) In the event any such gas is used by Union for gas lift
operations incident to the production of oil, the equivalent amount of gas
so used shall be returned to Montana free of cost (except production and
severance taxes and royalties, if any may be due), to Montana into the
gathering system of Montana at the pressure therein maintained.
(c) In the event any of such gas is used by Union for the purpose of
repressuring an oil bearing formation, and the equivalent amount of the
gas so used is not returned by Union to Montana (and in this connection
Union agrees to use reasonable diligence in an effort to return equivalent
quantities to Montana) free of cost (except production and severance taxes
and royalties, if any may be due) to Montana, Union agrees to pay Montana
for such deficiency at the rate of one cent (1CENT) per thousand cubic
feet over the well head gas price prevailing in the Cut Bank field,
provided, however, that Union shall not after 30 days prior written notice
from
-6-
Montana, use such gas for such repressuring if such use thereof by Union
materially diminishes Montana's gas reserves.
ARTICLE 9.
If either party hereto desires to plug and abandon any well owned by it
upon any of the Promises, either before or after production has been secured
therefrom, the other party may take over said well, but not including the
drilling rig, by paying the owner the then salvage value of the casing and
other equipment in and on the well, and upon so taking over, such other party
shall be entitled to deepen, plug back, or otherwise operate said well as it
sees fit, subject to the provisions of Articles 4, 5, 6, 7 and 8 hereof. The
owner of any such well shall give the other party notice of intention to plug
and abandon a well, and such other party shall have a reasonable time within
which it may elect to take over by giving telegraphic notice of such
intention to the owner.
ARTICLE 10.
During the drilling, reworking, deepening or plugging back of any xxxxx
by or for the account of the parties on the Premises, each of said parties
shall have full and complete access to such xxxxx, with the right to observe
all operations conducted upon said Premises. Each of said parties shall be
entitled to receive at the well representative cores and samples obtained of
all formations when taken, together with the right to observe all tests and
to be furnished upon completion thereof with information as to the result
obtained. The drilling party agrees to furnish the non-drilling party, on
request, all information secured by the drilling party during the drilling
and testing of said well, including accurate copies of any logs and any
surveys thereof.
Each party agrees to notify the other party when it makes a location and
begins drilling of a well on any of the Premises, and agrees to furnish upon
request, the other party a casing record and copies of all drilling reports
with reference to such well or xxxxx.
ARTICLE 11.
Montana agrees, subject to the provisions of Article 13 hereof, to bear
the entire expense of paying all delay rentals which hereafter become due
under the terms of any of the leases, described in and conveyed under the
terms of said deed to Union. Union agrees to use reasonable diligence in
making such payments, whether for Montana's account or for the joint account
of Montana and Union, provided, however, that Union shall not be responsible
in the event it pays any such rental erroneously, if it uses reasonable
diligence in making such payment, provided however, that annual money rental
due hereafter under leases granted by the State
-7-
of Montana shall be borne by the parties in the proportion that they
respectively own producing xxxxx on the lease as to which such rental is
payable.
ARTICLE 12.
In the event either party, or its successors and assigns, hereto
hereafter acquires any right to oil or gas in, or an oil and gas lease or
leases covering, lands in Glacier or Toole County, Montana, not now covering
a part of the Premises but lying within the boundaries of the following
described property, to-wit:
Commencing at a point on the International Boundary Line between the
Dominion of Canada and the United States, which pint is the northeast corner
of Township 37 N. Range 4 West, M. P. M. Thence west along said boundary
line to the Blackfeet Indian Reservation in Glacier County, Montana, thence
southerly along said Reservation boundary lines to its intersection with Cut
Bank River. Thence southeasterly along said river, which is a portion of the
easterly boundary line of said Indian Reservation to its intersection with
the boundary line between Pondera and Glacier Counties. Thence easterly
along the north boundary of Pondera County to its intersection with the east
boundary line of Range 4 West, M. P. M. Thence north along said range line
to the point of beginning.
All boundaries above referred to being as of December 30, 1944, the
party so acquiring shall promptly notify the other party hereto of such
acquisition, enclosing with such notification a copy of the instrument
evidencing such right or a copy of such lease or leases and a statement of
the cost of acquisition thereof, and such other party shall have the option,
to be exercised within ten (10) days after the giving of the notice above
mentioned, to acquire from the notifying party the same interest in such
right or lease as such other party has in the lands, rights, and leases now
covering the Premises (for example, if such other party should be Union, its
right would be to acquire said lease subject to the reservation of gas and
gas rights by Montana) by agreeing promptly to pay to the notifying party
one-half (1/2) of the cost of acquisition thereof. In the event such other
party does so elect to acquire such interest, then said right or lease shall
thereupon become subject to all the terms and conditions of this agreement,
and the notifying party shall promptly execute and deliver to the other party
an appropriate assignment, expressly made subject to the terms and conditions
of this agreement, properly recordable, evidencing the interest of such other
party in any such right of lease. Delay rentals on all such lease or leases
hereafter made subject to this agreement shall be paid by the party hereto
first so acquiring such lease, but the other party agrees promptly to pay the
acquiring party one-half the amount of such delay rentals so paid. The party
so paying such delay rentals shall not be responsible in the event it pays
such rental erroneously, if such party uses reasonable diligence in making
such payment.
-8-
ARTICLE 13.
Neither party hereto shall at any time for any reason willfully release
or surrender to the lessor or lessors, or their successors, its separate
rights under any of the leases covering the Premises or any portion thereof
until after such party has offered in writing to assign such rights to the
other party hereto, which other party shall have ten (10) days within which
to accept such offer. If such offer is accepted, the party making such offer
shall assign, without any warranty of title, to such other party all of such
first party's right, title, and interest in the lease or portion thereof
forming the subject matter of the offer. If such offer is not accepted
within said ten (10) day period, then the party making the offer may execute
and deliver a release of its interest in and to the lease or portion thereof
forming the subject matter of the offer, and such released interest shall
thereafter be free of the obligations of this agreement.
ARTICLE 14.
Each part hereto shall bear and promptly pay all taxes levied against
its rights and interests in and to the Premises and upon or measured by or
with respect to the production owned or received by it from the Premises. If
for any lawful reason the separate rights or interests of Montana and Union,
subject to this agreement, are subjected to a single levy or tax, then such
tax shall be borne by the parties in the respective proportions of the fair
value of their separate rights and interests so taxed.
Except as otherwise agreed, each party shall be respectively responsible
for and pay or cause to be paid when due all royalties on production owned by
such party from said Premises. If either party shall so fail to pay the
same, the other party may do so, in which event it shall be entitled to
reimbursement therefor upon demand from the party failing to make such
payments.
ARTICLE 15.
Nothing in this agreement shall be construed to mean that the drilling
or either operations of the parties on any of the Premises is joint, and this
agreement is not intended to create and shall not create a partnership or
joint venture between the parties hereto. The obligations and liabilities of
each party are and shall be several, and neither party shall be liable for
any personal injury or property damage arising out of or connected with the
drilling and other operations of the other.
ARTICLE 16.
A "cubic foot of gas" for the purpose of this agreement is the amount of
gas necessary to fill a cubic foot of space when the gas is at a base
pressure of 10 ounces above an atmospheric pressure of
-9-
14.4 pounds per square inch (15.025 pounds per square inch absolute) and at a
base temperature of 60 degrees fahrenheit. The volumes of natural gas
produced from any well on the Premises shall be computed into such units. It
is agreed that the atmospheric pressure used shall be the average of the
actual atmospheric pressure existing at the point of measurement of the gas.
It is likewise agreed that the flowing temperature of the gas shall be
determined from observations made at least once during the time between
placement and removal of each chart. The specific gravity of the gas as
determined by periodic test shall be used where specific gravity enters into
the calculation of gas volumes. It is likewise agreed that no correction
shall be made for any deviation of the natural gas from Xxxxx'x Law. It is
further agreed that the meters will be so operated and maintained that the
error in registrations thereof will not exceed two (2) percent, plus or minus.
ARTICLE 17.
Neither party hereto shall be liable to the other for any loss or damage
for or on account of delays in or failure of performance in whole or in part,
caused by or resulting from force majeure, of any obligations assumed by such
party to the other under this agreement, other than the obligation to make
payments of amounts due hereunder, and the obligations of such party, so far
as they are affected by such force majeure, shall be suspended during the
continuance of any inability so caused, but for no longer period, and such
cause shall so far as possible be remedied with all reasonable dispatch. It
is agreed that such party shall give notice and reasonably full particulars
of such force majeure in writing or by telegraph to the other party within a
reasonable time after the occurrence of the cause relied on.
The term "force majeure" as employed herein shall mean Acts of God,
strikes, lockouts or other industrial disturbances, acts of the public enemy,
wars, blockades, insurrections, riots, epidemics, landslides, lightning,
earthquakes, fires, storms, floods, washouts, arrests and restraints of
government and people, civil disturbance, explosions, breakage or accidents
to machinery or lines of pipe, partial or entire failure of natural gas
xxxxx, and any other causes, whether of the kind herein enumerated or
otherwise, not reasonably within the control of the party relying upon the
same.
It is understood and agreed that the settlement of strikes or lockouts
shall be entirely within the discretion of the party having the difficulty,
and that the above requirement that the results of any force majeure shall be
remedied with all reasonable dispatch shall not require the settlement of
strikes or lockouts by according to the demands of opposing party when such
course is inadvisable in the discretion of the party having the difficulty.
-10-
ARTICLE 18.
It is further agreed that, in the event of any question or controversy
arising under this agreement, or any of its terms, the same shall be settled
by arbitration as follows:
Either party to the controversy may name an arbitrator and serve written
notice of the appointment of such arbitrator upon the other. The other party
shall, within thirty (30) days thereafter, name its arbitrator, or in the
event of said party failing to name an arbitrator, within the said period of
thirty (30) days, the first party may apply to the Senior Circuit Judge of
the Circuit Court of Appeals for the Ninth Circuit for, and secure the
appointment of an arbitrator, and the two thus chosen shall select a third.
In the event of the first two arbitrators failing to select a third for a
period of twenty (20) days, upon the application of either party an
additional request shall be made to such Senior Circuit Judge for the
appointment of a third arbitrator. The board so constituted shall proceed to
examine into and determine the question or controversy in issue, and the
findings of a majority of said board thereon shall be final and binding upon
the parties to the controversy. The cost of the arbitration shall be
assessed by the board of arbitrators.
ARTICLE 19.
This agreement shall be subject to all valid orders, rules, and
regulations of any duly constituted regulatory authority having jurisdiction
over the subject matter of this agreement.
ARTICLE 20.
Neither party hereto shall assign or transfer any of its properties and
rights hereunder except upon condition that the assignee or transferee shall
agree to be bound by all of the provisions and obligations of this agreement
binding its assignor or transferor, provided that in the event of such
assignment or transfer written notice thereof shall be immediately given to
the other party.
Upon any transfer or assignment by either party of all or substantially
all of its properties, rights, and interests hereunder and under said deed
and the assumption by the assignee or transferee of the provisions and
obligations hereof, such party shall thereafter be released of and from any
and all further obligations under this agreement, except for the settlement
of amounts then due from one party to the other.
ARTICLE 21.
The purpose hereof is to replace the Xxxxx Agreement as originally
executed and as from time to time modified, to the end
-11-
that this Agreement shall basically determine the rights of the parties with
respect to the matters herein expressed. It is distinctly understood that
Union does not hereby release, relinquish or otherwise diminish its ownership
of, in and to the natural gasoline and liquid hydrocarbons recovered in the
Gas Absorption Plant (as provided in Article 25 of the Xxxxx Agreement as
originally executed). It is further understood and agreed that Montana shall
deliver thereto gas with respect to which Union is entitled to said natural
gasoline and liquid hydrocarbons on the same basis and under the same
conditions as Montana delivers gas to the aforesaid Absorption Plant under
Montana's agreement or agreements with the owners thereof.
ARTICLE 22.
All notices to be given under this agreement, unless a specific mode of
giving is herein provided, shall be given by letters or telegrams addressed
as follows:
The Montana Power Company
00 X. Xxxxxxxx
Xxxxx, Xxxxxxx 00000
Union Oil Company of California
0000 Xxxxxxx Xxxxxx
Xxxxxx, Xxxxxxxx 00000
or to such other address or addresses as either party hereto may designate by
written or telegraphic notice to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed as of the day and year first above written.
UNION OIL COMPANY OF CALIFORNIA
By: /s/ X. X. Xxxxxxx, Xx.
----------------------------
Its Attorney-in-Fact
ATTEST: THE MONTANA POWER COMPANY
/s/ [Unknown] By: /s/ X. X. Xxxxxxx
----------------------- ----------------------------
Assistant Secretary X. X. Xxxxxxx, Vice Chairman
-12-
STATE OF COLORADO )
)
COUNTY OF DENVER )
On this 14th day of DECEMBER, 1970, before me, the undersigned, a Notary
Public in and for the State of Colorado, personally appeared X. X. XXXXXXX,
XX., known to me to be the Attorney-in-Fact of Union Oil Company of
California and acknowledged to me that he executed the within instrument on
behalf of that corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year in this certificate first above written.
/s/ Xxx X. Xxxxxx
------------------------------------
(SEAL) Notary Public for the State of
My Commission Expires Colorado residing at Denver,
September 8, 0000 Xxxxxxxx
XXXXX XX XXXXXXX )
)
COUNTY OF Silver Bow )
On this 15th day of DECEMBER, 1970, before me, the undersigned, a Notary
Public in and for the State of Montana, personally appeared X. X. XXXXXXX,
known to me to be the Vice Chairman of The Montana Power Company and
acknowledged to me that he executed the within instrument on behalf of that
corporation.
IN WITNESS WHEREOF, I have hereunder set my hand and affixed my Notarial
Seal the day and year in this certificate first above written.
/s/ X. X. Xxxx
------------------------------------
(SEAL) Notary Public for the State of
Montana Residing at Butte,
Montana My Commission Expires:
November 8, 1973
-13-
