Common use of Pooling and Unitization Clause in Contracts

Pooling and Unitization. Lessee shall have the right to pool or unitize Geothermal Resources from the Property and from other properties, whether or not adjacent or contiguous, provided Lessee first obtains NLRC's consent, which shall not be withheld unreasonably. In determining the reasonableness of NLRC's withholding of consent, NLRC may consider the financial condition, litigation history, operating history, safety record and technical experience and expertise of the proposed assignee. Not less than sixty (60) days before commencement of commingling of Geothermal Resources from other properties, Lessee shall deliver to NLRC a detailed written description of Lessee's pooling or unitization plan in order that Lessee may confirm that the plan is in accordance with sound geothermal practices. Lessee shall keep detailed records showing gauging, measurements, metering and the production of Geothermal Resources. Lessee's pooling or unitization of the Property with other lands shall not discharge, diminish, release, replace, supercede or waive any of Lessee's obligations or NLRC's rights under this Agreement, except as expressly agreed to in a writing executed by NLRC in accordance with these same formalities as this Agreement is executed.