Common use of By Contractor Clause in Contracts

By Contractor. Notwithstanding the provisions of Paragraph 3 with respect to the depth to be drilled, in the event Operator shall become insolvent, or be adjudicated a bankrupt, or file, by way of petition or answer, a debtor’s petition or other pleading seeking adjustment of Operator’s debts, under any bankruptcy or debtor’s relief laws now or hereafter prevailing, or if any such be filed against Operator, or in case a receiver be appointed of Operator or Operator’s property, or any part thereof, or Operator’s affairs be placed in the hands of a Creditor’s Committee, or, following three business days prior written notice to Operator if Operator does not pay Contractor within the time specified in Subparagraph 5.2 all undisputed items due and owing, Contractor may, at its option, (1) elect to terminate further performance of any work under this Contract and Contractor’s right to compensation shall be as set forth in Subparagraph 6.4 hereof, or (2) suspend operations until payment is made by Operator in which event the standby time rate contained in Subparagraph 4.6 shall apply until payment is made by Operator and operations are resumed. In addition to Contractor’s rights to suspend operations or terminate performance under this Paragraph, Operator hereby expressly agrees to protect, defend and indemnify Contractor from and against any claims, demands and causes of action, including all costs of defense, in favor of Operator, Operator’s co-venturers, co-lessees and joint owners, or any other parties arising out of any drilling commitments or obligations contained in any lease, farmout agreement or other agreement, which may be affected by such suspension of operations or termination of performance hereunder.

Appears in 7 contracts

Samples: Escrow Agreement (Pedevco Corp), Agreement for Purchase of Term (Pedevco Corp), Escrow Agreement (Pedevco Corp)

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By Contractor. Notwithstanding the provisions of Paragraph 3 with respect to the depth to be drilled, in the event Operator shall become insolvent, or be adjudicated a bankrupt, or file, by way of petition or answer, a debtor’s petition or other pleading seeking adjustment of Operator’s debts, under any bankruptcy or debtor’s relief laws now or hereafter prevailing, or if any such be filed against Operator, or in case a receiver be appointed of Operator or Operator’s property, or any part thereof, or Operator’s affairs be placed in the hands of a Creditor’s Committee, or, following three business days prior written notice to Operator if Operator does not pay Contractor within the time specified in Subparagraph 5.2 all undisputed items due and owing, Contractor may, at its option, (1) elect to terminate further performance of any work under this Contract and Contractor’s right to compensation shall be as set forth in Subparagraph 6.4 6,4 hereof, or (2) suspend operations until payment is made by Operator in which event the standby time rate contained in Subparagraph 4.6 shall apply until payment is made by Operator and operations are resumed. In addition to Contractor’s rights to suspend operations or terminate performance under this Paragraph, Operator hereby expressly agrees to protect, defend and indemnify Contractor from and against any claims, demands and causes of action, including all costs of defense, in favor of Operator, Operator’s co-venturers, co-lessees and joint owners, or any other parties arising out of any drilling commitments or obligations contained in any lease, farmout agreement or other agreement, which may be affected by such suspension of operations or termination of performance hereunder.

Appears in 4 contracts

Samples: Master Drilling Agreement (Diamondback Energy, Inc.), Master Drilling Agreement (Mammoth Energy Services, Inc.), Master Drilling Agreement (Mammoth Energy Partners LP)

By Contractor. Notwithstanding the provisions of Paragraph 3 with respect to the depth to be drilled, in the event Operator shall become insolvent, or be adjudicated a bankrupt, or file, by way of petition or answer, a debtor’s petition or other pleading seeking adjustment of Operator’s debts, under any bankruptcy or debtor’s relief laws now or hereafter prevailing, or if any such be filed against Operator, or in case a receiver be appointed of Operator or Operator’s property, or any part thereof, or Operator’s affairs be placed in the hands of a Creditor’s Committee, or, following three business days prior written notice to Operator if Operator does not pay Contractor within the time specified in Subparagraph 5.2 all undisputed items due and owing, Contractor may, at its option, (1) elect to terminate further performance of any work under this Contract and Contractor’s right to compensation shall be as set forth in Subparagraph 6.4 hereof, or (2) suspend operations until payment is made by Operator in which event the standby time rate contained in Subparagraph 4.6 shall apply until payment is made by Operator and operations are resumed. In addition to Contractor’s rights to suspend operations or terminate performance under this Paragraph, Operator hereby expressly agrees to protect, defend and indemnify Indemnify Contractor from and against any claims, demands and causes of action, including all costs of defense, in favor of Operator, Operator’s Operators co-venturers, co-lessees and joint owners, or any other parties arising out of any drilling commitments or obligations contained in any lease, farmout agreement or other agreement, which may be affected by such suspension of operations or termination of performance hereunder.

Appears in 1 contract

Samples: Master Drilling Agreement (Diamondback Energy, Inc.)

By Contractor. Notwithstanding the provisions of Paragraph 3 501 with respect to the depth to be drilled, should Operator fail to make any payment when due in accordance with this Contract; should the Drilling Unit be lost or destroyed; or in the event Operator shall become insolvent, or be adjudicated a bankrupt, or file, file by way of petition or answer, answer a debtor’s 's petition or other pleading seeking adjustment of Operator’s 's debts, under any bankruptcy or debtor’s 's relief laws now or hereafter prevailing, or if any such be filed against Operator, or ; in case a receiver be appointed of Operator or Operator’s 's property, or any part thereof, ; or Operator’s 's affairs be placed in the hands of a Creditor’s Committee, or, following three business days prior written notice to Operator if Operator does not pay Contractor within the time specified in Subparagraph 5.2 all undisputed items due and owingcreditor's committee, Contractor may, at its option, (1) elect to terminate further performance of any work under this Contract and Contractor’s 's right to compensation shall be as set forth in Subparagraph 6.4 Paragraph 904 hereof, or (2) suspend operations until payment is made by Operator in which event the standby time rate contained in Subparagraph 4.6 shall apply until payment is made by Operator and operations are resumed. In addition to Contractor’s rights 's right to suspend operations or terminate performance under this Paragraphhereunder, Operator hereby expressly agrees to protect, defend be responsible for and hold harmless and indemnify Contractor from and against any claims, demands demands, and causes of action, including all costs of defense, action in favor of Operator, Operator’s 's co-venturers, co-lessees and joint owners, or any other parties arising out of any drilling commitments or obligations contained in any lease, farmout agreement agreement, or other agreement, which may be affected by such suspension of operations or termination of performance hereunder.

Appears in 1 contract

Samples: Contract

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By Contractor. Notwithstanding the provisions of Paragraph 3 with respect to the depth to be drilled, in the event Operator shall become insolvent, or be adjudicated a bankrupt, or file, by way of petition or answer, a debtor’s 's petition or other pleading seeking adjustment of Operator’s 's debts, under any bankruptcy or debtor’s 's relief laws now or hereafter prevailing, or if any such be filed against Operator, or in case a receiver be appointed of Operator or Operator’s 's property, or any part thereof, or Operator’s 's affairs be placed in the hands of a Creditor’s 's Committee, or, or following three business ten days prior written notice to Operator if Operator does not pay Contractor within the time specified in Subparagraph 5.2 all undisputed items due and owing, Contractor may, at its option, (1) elect to terminate further performance of any work under this Contract and Contractor’s 's right to compensation shall be as set forth in Subparagraph 6.4 6.3 hereof, or (2) suspend operations until payment is made by Operator in which event the standby time rate contained in Subparagraph 4.6 shall apply until payment is made by Operator and operations are resumed. In addition to Contractor’s rights 's right to suspend operations or terminate performance under this Paragraphhereunder, Operator hereby expressly agrees to protect, defend and indemnify Contractor from and against any claims, demands and causes of action, including all costs of defense, in favor of Operator, Operator’s co-venturers, co-lessees and 's joint ownersventures, or any other parties arising out of any drilling commitments or obligations contained in any lease, farmout agreement or other agreement, which may be affected by such suspension of operations or termination of performance hereunder.

Appears in 1 contract

Samples: Agreement (Nevada Geothermal Power Inc)

By Contractor. Notwithstanding the provisions of Paragraph 3 with respect to the depth to be drilled, in the event Operator shall become insolvent, or be adjudicated a as bankrupt, or file, by way of petition or answer, a debtor’s 's petition or other pleading seeking adjustment of Operator’s 's debts, under any bankruptcy or debtor’s 's relief laws now or hereafter prevailing, or if any such be filed against Operator, or in case a receiver be appointed of Operator or Operator’s 's property, or any part thereof, or Operator’s 's affairs be placed in the hands of a Creditor’s 's Committee, or, following three business ten days prior written notice to Operator if Operator does not pay Contractor within the time specified in Subparagraph 5.2 all undisputed items due and owing, Contractor may, at its option, (1) elect to terminate further performance of any work under this Contract and Contractor’s 's right to compensation shall be as set forth in Subparagraph 6.4 hereof, or (2) suspend operations until payment is made by Operator in which event the standby time rate contained in Subparagraph 4.6 shall apply until payment is made by Operator and operations are resumed. In addition to Contractor’s rights 's right to suspend operations or terminate performance under this Paragraph, hereunder. Operator hereby expressly agrees to protect, defend and indemnify Contractor from and against any claims, demands and causes of action, including all costs of defense, in favor of Operator, . Operator’s co-'s joint venturers, co-lessees and joint owners, or any other parties arising out of any drilling commitments or obligations contained in any lease, farmout agreement or other agreement, which may be affected by such suspension of operations or termination of performance hereunder.. *however commencement shall be no later than January 1, 1997, regardless of actual start date so that the original term shall not extend beyond December 31, 1998 **See Paragraph 7.11 in Exhibit A

Appears in 1 contract

Samples: Agreement (Bayard Drilling Technologies Inc)

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