Apache Overseas, Inc.
0000 Xxxx Xxx Xxxxxxxxx
Xxxxx 000
Xxxxxxx, XX 00000-0000
Telephone (000) 000-0000
Facsimile (000) 000-0000
27 February 1998
Mr. Xxxxx Xxxxxx
FX Energy, Inc.
0000 Xxxxxxxx Xx. #000
Xxxx Xxxx Xxxx, XX 00000
Dear Xxxxx:
FX Energy and Apache Overseas agree that in respect of all their agreements for
acreage in Poland in which there are provisions relating to "Protection
Acreage", the following procedures will apply and will modify the provisions in
such agreements:
1) When a party ("Acquiring Party") to one of the agreements acquires acreage
covered by the Protection Acreage clause, it will inform the other party,
promptly, in writing.
2) No transfer of interest will take place at that time, and the potential
transferee shall not be involved in operations on the Protection Acreage
until the time referred to below.
3) When the Acquiring Party identifies and plans to drill a structure which
extends on to any which extends onto any part of the Protection Acreage, it
will inform the other party at least three months before the planned spud
date of a well, together with all relevant data, and give the other party
the opportunity to participate on a "ground floor" basis, equal to half the
interest of the offering party, in return for reimbursement of the same
share of the seismic and other G and G costs incurred by the Acquiring
Party in developing the prospect.
4) The other party will respond within on month, and if it elects to
participate, the parties will enter into additional documentation to give
the other party rights of beneficial ownership to one-half of Acquiring
Party's interest in the area covered by the prospect.
If you agree to the above, please so indicate by signing and returning a copy of
this letter.
Very truly yours,
/s/ Xxxxx X. Xxxxx
President
Accepted and agreed to this 1st day of March, 1998.
/s/ Xxxxx X. Xxxxxx
