Operations by Less Clause Samples
The 'Operations by Lessee' clause defines the rights and responsibilities of the lessee regarding the use and operation of the leased asset, typically in a lease agreement. It outlines what activities the lessee is permitted to undertake, such as maintenance, repairs, or modifications, and may set boundaries on how the asset can be used to ensure it is not damaged or misused. This clause serves to clarify operational expectations and protect the lessor’s interests by ensuring the asset is used appropriately during the lease term.
Operations by Less. Than All Parties: Notwithstanding the foregoing, Operator shall not undertake any single project reasonably estimated to require an expenditure in excess of fifteen thousand dollars ($15,000.00) in the aggregate without the express written consent of the Drilling Parties as their respective interest appear in Annex "I". In the event Operator or other Drilling Party shall elect to drill another well on the Contract Area or to rework, deepen or plug back a dry hole or a well not producing in paying quantities reasonably estimated to require an expenditure in excess of fifteen thousand dollars ($15,000.00) in the aggregate and not otherwise agreed to by the Drilling Parties by separate agreement, shall give the other parties written notice of the proposed operation, specifying the work to be performed, the location, proposed depth, objective formation and the estimated cost of the operation. The parties so notified shall have thirty (30) days after the receipt of the notice within which to notify the party wishing to do the work whether they elect to participate in the cost of the proposed operation. Failure of a party 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 telephonic notice shall be confirmed in writing within seven (7) days. Operator shall perform all work for the account of the Consenting Parties; provided, however, if the Operator (or an affiliate of Operator vested with title in the Contract Area) is a Non-Consenting Party, the Consenting Parties shall either: (a) request Operator to perform the work for the Consenting Parties, or (b) designate one of the Consenting Parties as Operator for the limited purpose of performing such work. Such operations on the Contract Area shall be in compliance with all the terms and conditions of this agreement. If less than all parties approve any proposed operation, the proposing party, immediately after the expiration of the notice period, shall advise the Consenting Parties of the total interest of the parties approving such operation and its recommendations as to whether the Consenting Parties should proceed with the operation as proposed. Each Consenting Party shall advise the proposing party of its desire to limit participation to such party's interest as shown on Annex "I" (4) or to carry its proportionate share of Non- Consenting Parties interests, and failure to advise shall be deemed an election to limit par...
Operations by Less. Than All Parties 43 8. Default 55
Operations by Less. Than All Members 19 10.6 Budget Overruns; Program Changes 20 10.7 Supplemental Business Arrangement 21 ARTICLE XI ACCOUNTS AND SETTLEMENTS 21 11.1 Monthly Statements 21 11.2 Cash Calls 21 11.3 Failure to Meet Cash Calls 21 11.4 Cover Payment 22 11.5 Remedies 22 11.6 Audits 23 ARTICLE XII PROPERTIES 24 12.1 Royalties, Production Taxes and Other Payments Based on Production 24 12.2 Abandonment and Surrender 24 ARTICLE XIII CONFIDENTIALITY, OWNERSHIP, USE AND DISCLOSURE OF INFORMATION 25 13.1 Business Information 25 13.2 Member Information 25 13.3 Permitted Disclosure of Confidential Business Information 25 13.4 Disclosure Required By Law 26 13.5 Public Announcements 26 ARTICLE XIV RESIGNATION AND DISSOLUTION 27 14.1 Events of Dissolution 27 14.2 Resignation 27 14.3 Disposition of Assets on Dissolution 27 14.4 Filing of Articles of Dissolution 28 14.5 Right to Data After Dissolution 28 14.6 Continuing Authority 28 ARTICLE XV DISPUTES 28 15.1 Governing Law 28 15.2 Forum Selection 28 15.3 Arbitration 29 ARTICLE XVI GENERAL PROVISIONS 31 16.1 Notices 31 16.2 Gender 32 16.3 Currency 32 16.4 Headings 32 16.5 Waiver 32 16.6 Modification 32 16.7 Force Majeure 32 16.8 Rule Against Perpetuities 33 16.9 Further Assurances 33 16.10 Entire Agreement; Successors and Assigns 33 16.11 Counterparts 34 EXHIBITS EXHIBIT A ASSETS AND AREA OF INTEREST EXHIBIT B ACCOUNTING PROCEDURES EXHIBIT C TAX MATTERS EXHIBIT D DEFINITIONS EXHIBIT E NET PROCEEDS CALCULATION EXHIBIT F INSURANCE SCHEDULE Schedule of Members OPERATING AGREEMENT OF Patric▇ ▇▇▇ ▇as, LLC An Oklahoma Limited Liability Company This Limited Liability Company Operating Agreement is made as of January 14, 2000 ("Effective Date") between Patric▇ ▇▇▇▇▇y Corp., a Michigan corporation ("Patric▇"), ▇▇e address of which is 6120 S▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇LT Gas Inc., a Missouri corporation ("KLT Gas"), the address of which is 1201 W▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇.