Common use of Pooling Clause in Contracts

Pooling. Lessee, at its option, is hereby given the right to pool or combine the leased premises or any portion thereof as to oil and gas, or either of them with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated, when it is necessary or advisable to do so in order to properly develop, produce and operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, or when to do so would promote the conservation of oil and gas in and under and that may be produced from said leased premises. Units pooled for oil and gas hereunder shall not exceed forty (40) acres each in area, provided that should governmental authority having jurisdiction prescribe the creation of units larger than those specified (including, for example, for a horizontal well) for the drilling of a well at a regular location or for obtaining maximum allowable, then Lessee is hereby granted the present right, without the consent of Lessor, to pool up to three hundred twenty (320) acres plus a maximum acreage tolerance of ten percent (10%). Lessee, under the provisions hereof, may pool or combine acreage covered by this Lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the Lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this Lease or portions thereof into other units. Lessee shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing the pooled acreage as a pooled unit and Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of the unit in the county records and the timely furnishing of the copies required herein to Lessor the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. In the event of operations for drilling on or production of oil or gas from any pooled unit which includes all or a portion of the land covered by this Lease, such operations shall be considered as operations for drilling on or production of oil and gas from land covered by this Lease whether or not the well or xxxxx be located on the premises covered by this Lease. For the purposes of computing royalties, there shall be allocated to the land covered by this Lease and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be on oil and gas, or either of them, so allocated to the land covered by this Lease and included in the unit just as though such production were from such land. The production from an oil well will be considered as production from this Lease or oil pooled unit from which it is producing and not as production from a gas pooled unit, and production from a gas well will be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation of any unit hereunder shall not have the effect of changing the ownership of any shut-in production payment which may become payable under this Lease. If this Lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as provided above. As used in this paragraph, the words “separate tract” mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premises.

Pooling. Lessee, at its option, is hereby given Lessee shall have the right but not the obligation during or after the primary term while this lease is in effect to pool all or combine any part of the leased premises or any portion thereof as to oil and gas, or either of them interest therein with any other landlands or interests, lease as to any or leases in all depths or horizons, and as to any or all substances covered by this lease, either before or after the immediate vicinity thereof to the extent hereinafter stipulatedcommencement of production, when whenever Lessee deems it is necessary or advisable proper to do so in order to properly develop, produce and prudently develop or operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, or when to do so would promote the conservation of oil and gas in and under and that may be produced from said leased premises, whether or not similar pooling authority exists with respect to such other lands or interests. Units pooled The unit formed by such pooling for an oil and gas hereunder well shall not exceed forty (40) acres each in area, provided that should governmental authority having jurisdiction prescribe the creation of units larger than those specified (including, for example, for a horizontal well) for the drilling of a well at a regular location or for obtaining maximum allowable, then Lessee is hereby granted the present right, without the consent of Lessor, to pool up to three hundred twenty (320) 80 acres plus a maximum acreage tolerance of ten percent (10%), and for a gas well shall not exceed 640 acres plus a maximum acreage tolerance of 10%, except that larger units may be formed for oil xxxxx or gas xxxxx to conform to any well spacing or density pattern that may be prescribed or permitted by any governmental authority having jurisdiction. LesseeIn exercising its pooling rights hereunder, under Lessee shall file of record a written declaration describing the provisions hereofunit and stating the effective date of pooling. Production, may pool drilling or combine reworking operations anywhere on a unit which includes all or any part of the leased premises shall be treated as if it were production, drilling or reworking operations on the leased premises, except that the production on which Lessor's royalty is calculated shall be that proportion of the total unit production produced and saved which the net acreage covered by this Lease or any portion thereof as above provided as to oil lease and included in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which bears to the Lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas unitstotal gross acreage in the unit. The pooling Pooling in one or more instances shall not exhaust Lessee's pooling rights hereunder, and Lessee shall have the rights recurring right but not the obligation to revise any unit formed hereunder by expansion or contraction, or both, either before or after commencement of production, in order to conform to the Lessee hereunder well spacing or density pattern prescribed or permitted by the governmental authority having jurisdiction, or to pool this Lease or portions thereof into other unitsconform to any productive acreage determination made by such governmental authority. In making such a revision, Lessee shall file for of record in a written declaration describing the appropriate records revised unit and stating the effective date of revision. To the county in which extent any portion of the leased premises are situated an instrument describing the pooled acreage as a pooled unit and Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority is included in or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of excluded from the unit in by virtue of such revision, the county records and the timely furnishing proportion of the copies required herein to Lessor the unit production on which royalties are payable hereunder shall thereafter be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unitadjusted accordingly. In the event absence of operations for drilling on or production of oil or gas from any pooled unit which includes all or a portion of the land covered by this Lease, such operations shall be considered as operations for drilling on or production of oil and gas from land covered by this Lease whether or not the well or xxxxx be located on the premises covered by this Lease. For the purposes of computing royalties, there shall be allocated to the land covered by this Lease and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be on oil and gas, or either of them, so allocated to the land covered by this Lease and included in the unit just as though such production were from such land. The production from an oil well will be considered as production from this Lease or oil pooled unit from which it is producing and not as production from a gas pooled unit, or upon permanent cessation thereof, Lessee may terminate the unit by filing of record a written declaration describing the unit and production from a gas well will be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation stating the date of any unit hereunder shall not have the effect of changing the ownership of any shut-in production payment which may become payable under this Lease. If this Lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as provided above. As used in this paragraph, the words “separate tract” mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premisestermination.

Pooling. Lessee, LESSEE at its option, is hereby given and upon complete disclosure to LESSOR of the right joint agreement and plan, and upon approval thereof by LESSOR, may at any time or times pool and consolidate this Lease, in whole or in part, or as to pool any stratum or combine strata, with land or leases adjacent to or in the leased premises immediate vicinity of this Lease, so as to constitute a unit or units not substantially exceeding 640 acres with respect to any zone or stratum predominately gas-bearing or oil-bearing, by delivering to LESSOR an instrument so declaring. LESSEE under the provisions hereof may unitize acreage or any portion thereof as to oil and gas, or either of them with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated, when it is necessary or advisable to do so in order to properly develop, produce and operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, or when to do so would promote the conservation of oil and gas in and under and that may be produced from said leased premises. Units pooled for oil and gas hereunder shall not exceed forty (40) acres each in area, provided that should governmental authority having jurisdiction prescribe the creation of units larger than those specified (including, for example, for a horizontal well) for the drilling of a well at a regular location or for obtaining maximum allowable, then Lessee is hereby granted the present right, without the consent of Lessor, to pool up to three hundred twenty (320) acres plus a maximum acreage tolerance of ten percent (10%). Lessee, under the provisions hereof, may pool or combine acreage covered by this Lease or any portion thereof as above provided as to gas and as to oil in any one or more strata and strata. Units formed as to gas in any one or more strata. The units formed by pooling as to any stratum or different strata need not conform in size or area with the unit or units into which the Lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas unitsboundaries. The pooling creation of units in one on or more instances shall not exhaust the rights of the Lessee LESSEE hereunder to pool unitize this Lease or portions thereof into other units. Lessee LESSEE shall execute and deliver to LESSOR and file for of record in the appropriate records of the county in which the leased premises are situated an instrument describing and designating the pooled acreage as a pooled unit and Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of the unit in the county records and the timely furnishing of the copies required herein to Lessor the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. In the event of operations Operations for drilling on or production productions of gas and/or oil or gas from any pooled part of a unit which includes embracing all or a portion part of the land covered by this LeasePremises, regardless of whether such operations for drilling were commenced or such production was secured before or after the execution of the instrument designating the unit, shall be considered as operations for drilling on or production of gas and/or oil and gas from land covered by this Lease the Premises irrespective of whether or not the well or xxxxx be located on the premises covered by Premises, and the entire acreage constituting such unit or units, as to gas and/or oil as herein provided, shall be treated for all purposes, except the payment of rentals and the payment of royalties on production from the unit, as if the same were included in this Lease. For the purposes purpose of computing royaltiesall royalties payable hereunder on gas and/or oil produced and saved from the unit, there shall be allocated to the land covered by this Lease Premises and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata fractional portion of the gas and/or oil produced and gas, or either of them, produced saved from the pooled unit, such fraction to have as its numerator the number of surface acres included in the unit. Royalties hereunder shall be computed on the portion of such production, whether it be on oil and gas, or either of them, so allocated to the land covered by this Lease Premises and included in the unit unit, just as though such production were from such landthe Premises. The production from an a gas and/or oil well will shall be considered as production from this the Lease or gas and/or oil pooled unit from which it is producing and not as production from a gas pooled unit, and production from a gas well will be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unitproduced. The formation creation of any a unit hereunder or units shall not have the effect of changing the ownership of any shut-in production payment the Premises or the amount of rental which may become payable under this Lease. If this Lease now A unit may be dissolved be LESSEE at any time when there is no unit well thereon producing or hereafter covers separate tracts, no pooling or unitization capable of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as provided above. As used producing gas and/or oil in this paragraph, the words “separate tract” mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premisespaying quantities.

Pooling. Lessee, at its option, is hereby given the right to pool or combine the leased premises or any portion thereof as to oil and gas, or either of them with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated, when it is necessary or advisable to do so in order to properly develop, produce and operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, or when to do so would promote the conservation of oil and gas in and under and that may be produced from said leased premises. Units pooled for oil and gas hereunder shall not exceed forty (40) acres each in area, provided that should area unless a governmental authority having jurisdiction prescribe the creation of units larger than those specified (including, for example, for a horizontal well) for the drilling of a well at a regular location or for obtaining maximum allowable, then Lessee is hereby granted the present right, without the consent of Lessor, to pool up to three hundred twenty (320) acres plus a maximum acreage tolerance of ten percent (10%)) and, with the written consent of Lessor, to pool up to six hundred forty (640) acres. Lessee, under the provisions hereof, may pool or combine acreage covered by this Lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the Lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this Lease or portions thereof into other units. Lessee shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing the pooled acreage as a pooled unit and Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of the unit in the county records and the timely furnishing of the copies required herein to Lessor the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. In the event of operations for drilling on or production of oil or gas from any pooled unit which includes all or a portion of the land covered by this Lease, such operations shall be considered as operations for drilling on or production of oil and gas from land covered by this Lease whether or not the well or xxxxx be located on the premises covered by this Lease. For the purposes of computing royalties, there shall be allocated to the land covered by this Lease and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be on oil and gas, or either of them, so allocated to the land covered by this Lease and included in the unit just as though such production were from such land. The production from an oil well will be considered as production from this Lease or oil pooled unit from which it is producing and not as production from a gas pooled unit, and production from a gas well will be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation of any unit hereunder shall not have the effect of changing the ownership of any shut-in production payment which may become payable under this Lease. If this Lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as provided above. As used in this paragraph, the words “separate tract” mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premises.

Pooling. Lessee, at its option, is hereby given the right to pool or combine the leased premises or any portion thereof as to oil and gas, or either of them with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated, when it is necessary or advisable to do so in order to properly develop, produce and operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, or when to do so would promote the conservation of oil and gas in and under and that may be produced from said leased premises. Units pooled for oil and gas hereunder shall not exceed forty (40) acres each in area, provided that should area unless a governmental authority having jurisdiction prescribe the creation of units larger than those specified (including, for example, for a horizontal well) for the drilling of a well at a regular location or for obtaining maximum allowable, then Lessee is hereby granted the present right, without the consent of Lessor, to pool up to three six hundred twenty forty (320640) acres plus a maximum acreage tolerance of ten percent (10%). Lessee, under the provisions hereof, may pool or combine acreage covered by this Lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the Lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this Lease or portions thereof into other units. Lessee shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing the pooled acreage as a pooled unit and Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of the unit in the county records and the timely furnishing of the copies required herein to Lessor the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. In the event of operations for drilling on or production of oil or gas from any pooled unit which includes all or a portion of the land covered by this Lease, such operations shall be considered as operations for drilling on or production of oil and gas from land covered by this Lease whether or not the well or xxxxx be located on the premises covered by this Lease. For the purposes of computing royalties, there shall be allocated to the land covered by this Lease and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be on oil and gas, or either of them, so allocated to the land covered by this Lease and included in the unit just as though such production were from such land. The production from an oil well will be considered as production from this Lease or oil pooled unit from which it is producing and not as production from a gas pooled unit, and production from a gas well will be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation of any unit hereunder shall not have the effect of changing the ownership of any shut-in production payment which may become payable under this Lease. If this Lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as provided above. As used in this paragraph, the words “separate tract” mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premises. Notwithstanding anything herein to the contrary, each separate tract comprising the leased premises (as described on the attached Exhibit “A”) is located within the boundaries of an existing, producing unit created and/or operated by Lessee. In exercising its right to pool hereunder, Lessee shall include each tract covered hereby (i.e., 100% of the leased premises) within those existing units and shall pay Lessor all royalties attributable to the leased premises retroactive to the date of first production of the well(s) producing from each such unit.

Pooling. Lessee, at its option, is hereby given Lessee shall have the right but not the obligation during or after the primary term while this lease is in effect to pool all or combine any part of the leased premises or any portion thereof as to oil and gas, or either of them interest therein with any other landlands or interests, lease as to any or leases in all depths or horizons, and as to any or all substances covered by this lease, either before or after the immediate vicinity thereof to the extent hereinafter stipulatedcommencement of production, when whenever Lessee deems it is necessary or advisable proper to do so in order to properly develop, produce and prudently develop or operate said the leased premises in compliance with the spacing rules of the appropriate lawful authoritypremises, or when not similar pooling authority exists with respect to do so would promote the conservation of such other lands or interests. The unit formed by such pooling for an oil and gas in and under and that may be produced from said leased premises. Units pooled for oil and gas hereunder well shall not exceed forty (40) acres each in area, provided that should governmental authority having jurisdiction prescribe the creation of units larger than those specified (including, for example, for a horizontal well) for the drilling of a well at a regular location or for obtaining maximum allowable, then Lessee is hereby granted the present right, without the consent of Lessor, to pool up to three hundred twenty (320) 80 acres plus a maximum acreage tolerance of ten percent (10%). Lessee, under the provisions hereofand for a gas well shall not exceed 640 acres plus a maximum acreage tolerance of 10%, except that larger units may pool be formed for oil wells or combine acreage covered by this Lease or any portion thereof as above provided as gas wells to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as conform to any stratum well spacing or strata need not conform in size density pattxxx that may xx prescribed or area with the unit or units into which the Lease is pooled or combined as to permitted by any other stratum or stratagovernmental authority having jurisdiction. In exercising its pooling rights hereunder, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this Lease or portions thereof into other units. Lessee shall file for of record in the appropriate records of the county in which the leased premises are situated an instrument a written declaration describing the pooled acreage as a pooled unit and Lessee shall provide Lessor with stating the effective date of pooling. Production, drilling or reworking operations anywhere on a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of the unit in the county records and the timely furnishing of the copies required herein to Lessor the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. In the event of operations for drilling on or production of oil or gas from any pooled unit which includes all or a portion any part of the land covered by this Lease, such operations leased premises shall be considered treated as if it were production, drilling or reworking operations for drilling on or production of oil and gas from land covered by this Lease whether or not the well or xxxxx be located on the premises covered by this Lease. For leased premises, except that the purposes of computing royalties, there production on which Lessor's royalty is calculated shall be allocated to the land covered by this Lease and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata portion that proportion of the oil total unit production produced and gas, or either of them, produced from saved which the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be on oil and gas, or either of them, so allocated to the land net acreage covered by this Lease and included in the unit just as though bears to the total gross acreage in the unit. Pooling in one or more instances shall not exhaust Lessee's pooling rights hereunder and Lessee shall have the recurring right but not the obligation to revise any unit formed hereunder by expansion or contraction, or both, either before or after the commencement of production, in order to conform to the well spacing or density pattern prescribed or permitted by the governmental authority having jurisdiction, or to conform to any productive acreage determination made by such governmental authority. In making such a revision, Lessee shall file of record a written declaration describing the revised unit and stating the effective date of revision. To the extent any portion of the Leased premises is included in or excluded from the unit by virtue of such revision, the proportion of unit production were from such landon which royalties are payable hereunder shall thereafter be adjusted accordingly. The production from an oil well will be considered as production from this Lease or oil pooled unit from which it is producing and not as In the absence of production from a gas pooled unit, or upon permanent cessation thereof, Lessee may terminate the unit by filing of record a written declaration describing the unit and production from a gas well will be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation stating the date of any unit hereunder shall not have the effect of changing the ownership of any shut-in production payment which may become payable under this Lease. If this Lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as provided above. As used in this paragraph, the words “separate tract” mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premisestermination.

Pooling. Lessee, at its option, Lessee is hereby given granted the right to pool or combine unitize the leased premises Premises or any portion part thereof, with any other land, lease, leases, mineral estates or parts thereof as to for the production of oil and gas, or either of them with any other landthem, lease from vertically or leases in the immediate vicinity thereof to the extent hereinafter stipulatedhorizontally drilled xxxxx, when in Lessee's judgment it is necessary or advisable to do so in order to properly develop, produce develop and operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, Premises or when to do so would promote the conservation of oil and gas in and under and that may be produced from said leased premises. Units pooled for oil and gas hereunder shall not exceed forty (40) acres each therefrom; provided however that the unitization or pooling must be done in area, provided that should governmental authority having jurisdiction prescribe the creation of units larger than those specified (including, for example, for a horizontal well) good faith for the drilling express purpose of a well at a regular location or for obtaining maximum allowableexploring, then Lessee is hereby granted the present right, without the consent of Lessor, to pool up to three hundred twenty (320) acres plus a maximum acreage tolerance of ten percent (10%). Lessee, under the provisions hereof, may pool or combine acreage covered by this Lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the Lease is pooled or combined as to any other stratum or stratadeveloping, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this Lease or portions thereof into other units. Lessee shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing the pooled acreage as a pooled unit and Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of the unit in the county records and the timely furnishing of the copies required herein to Lessor the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. In the event of operations for drilling on or production of oil or gas from any pooled unit which includes all or a portion of the land covered by this Lease, such operations shall be considered as operations for drilling on or production of oil and gas from land covered by this Lease whether or not the well or xxxxx be located on the premises covered by this Lease. For the purposes of computing royalties, there shall be allocated to the land covered by this Lease and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata portion of the producing oil and gas, or either of them, produced to the fullest extent possible from the Premises, and with the express written concurrence of Lessor. Pooling may include all oil and gas or may be limited to either and may extend to all such production or may be limited to one or more zones or formations. Units pooled unit. Royalties hereunder shall not exceed 160 acres for a gas well and 40 acres for an oil well, or such greater acreage included in the proration or spacing unit permitted or prescribed by an applicable rule, regulation, or order of a governmental agency for a single producing well and as approved by Lessor. A unit may be computed on formed or reformed to embrace the acreage permitted or prescribed by any such rule, regulation, or order. Lessee shall file written unit designations in the county in which the Premises are located, and shall forward to Lessor a copy of the unit designation, as so filed and recorded, together with a plat thereof, including the legal description of the unit and of the portion of such productionthe Premises included therein. Units may be designated either before or after the completion of any well or xxxxx. Notwithstanding anything to the contrary herein contained, whether it be on oil and gasin the event a portion or portions of the Premises is pooled or unitized with other lands so as to form a pooled unit or units, operations on, completion of a well upon, or either of them, so allocated production from such unit or units will not maintain this lease in force as to the land covered by this Lease and not included in such unit or units. In the event of pooling, Lessor shall receive on production from a unit so pooled only such portion of the royalty stipulated herein as the amount of Lessor's acreage placed in the unit just as though such production were from such land. The production from an oil well will be considered as production from this Lease or oil pooled unit from which it is producing and not as production from a gas pooled unit, and production from a gas well will be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation of any unit hereunder shall not have the effect of changing the ownership of any shut-in production payment which may become payable under this Lease. If this Lease now or hereafter covers separate tracts, no pooling or unitization of its royalty interest as between any such separate tracts is intended or shall be implied or result merely from therein on an acreage basis bears to the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have total acreage so pooled in the right to pool as provided above with consequent allocation of production as provided above. As used in this paragraph, the words “separate tract” mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premisesparticular unit involved.

Pooling. Notwithstanding anything to the contrary in this Lease, Lessee shall include the leased premises in the East Xxxxxxx and/or the West Xxxxxxx Units unless a lease in each such unit precludes reformation of the unit. If reformation of both units is prohibited, then Lessee, at its option, is hereby given the right to pool or combine the leased premises or any portion thereof as to oil and gas, or either of them with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated, when it is necessary or advisable to do so in order to properly develop, produce and operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, or when to do so would promote the conservation of oil and gas in and under and that may be produced from said leased premises. Units pooled for oil and gas hereunder shall not exceed forty four hundred (40400) acres each in areaacres, provided that should governmental authority having jurisdiction prescribe the creation of units larger than those specified (including, for example, for a horizontal well) for the drilling of a well at a regular location or for obtaining maximum allowable, then Lessee is hereby granted the present right, without the consent of Lessor, to pool up to three hundred twenty (320) acres plus a maximum acreage tolerance of ten percent (10%). Lessee, under the provisions hereof, may pool or combine acreage covered by this Lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the Lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this Lease or portions thereof into other units. Lessee shall file for record in the appropriate records of the county in which the leased premises are situated situated, and timely furnish a copy to Lessor, an instrument describing the pooled acreage as a pooled unit and Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of the unit in the county records and the timely furnishing of the copies required herein to Lessor the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. In the event of operations for drilling on or production of oil or gas from any pooled unit which includes all or a portion of the land covered by this Lease, such operations shall be considered as operations for drilling on or production of oil and gas from land covered by this Lease whether or not the well or xxxxx be located on the premises covered by this Lease. For the purposes of computing royalties, there shall be allocated to the land covered by this Lease and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be on oil and gas, or either of them, so allocated to the land covered by this Lease and included in the unit just as though such production were from such land. The production from an oil well will be considered as production from this Lease or oil pooled unit from which it is producing and not as production from a gas pooled unit, and production from a gas well will be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation of any unit hereunder shall not have the effect of changing the ownership of any shut-in production payment which may become payable under this Lease. If this Lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as provided above. As used in this paragraph, the words “separate tract” mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premises.

Pooling. Lessee, at its option, is hereby given the right to pool or combine the leased premises or any portion thereof as to oil and gas, or either of them with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated, when it is necessary or advisable to do so in order to properly develop, produce and operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, or when to do so would promote the conservation of oil and gas in and under and that may be produced from said leased premises. Units pooled for oil and gas hereunder shall not exceed forty three hundred and twenty acres, plus a ten percent tolerance (40320 + 10%) acres each in area. Should Lesee need greater pooling authority, provided which shall not exceed 640 acres, Lessee shall be allowed to form a larger unit, but only after Lessee has submitted a development plan and a reasonable argument that should governmental greater pooling authority having jurisdiction prescribe is necessary for prudent development of the creation of units larger than those specified leased premises as well as surrounding leases. Lessor shall have forty five (including, for example, for a horizontal well45) for the drilling of a well at a regular location or for obtaining maximum allowable, then Lessee is hereby granted the present right, without the consent of Lessor, days following Lessee’s request to pool up more than 320 acres + 10% to three hundred twenty approve or reject such request. If Lessor does not provide notice of approval or rejection within such forty five (32045) acres plus a maximum acreage tolerance of ten percent (10%)day period, the request for larger pooling authority shall be deemed approved by Lessor on the 22nd day following such pooling request. Lessee, under the provisions hereof, may pool or combine acreage covered by this Lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the Lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this Lease or portions thereof into other units. Lessee shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing the pooled acreage as a pooled unit and Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days upon written consent of filing such documentsLessor . Upon the recordation of the unit in the county records and the timely furnishing of the copies required herein to Lessor the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. In the event of operations for drilling on or production of oil or gas from any pooled unit which includes all or a portion of the land covered by this Lease, such operations shall be considered as operations for drilling on or production of oil and gas from land covered by this Lease whether or not the well or xxxxx be located on the premises covered by this Lease. For the purposes of computing royalties, there shall be allocated to the land covered by this Lease and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be on oil and gas, or either of them, so allocated to the land covered by this Lease and included in the unit just as though such production were from such land. The production from an oil well will be considered as production from this Lease or oil pooled unit from which it is producing and not as production from a gas pooled unit, and production from a gas well will be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation of any unit hereunder shall not have the effect of changing the ownership of any shut-in production payment which may become payable under this Lease. If this Lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as provided above. As used in this paragraph, the words “separate tract” mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premises.

Pooling. Lessee, at its option, is hereby given the right to pool or combine the leased premises or any portion thereof as to oil and gas, or either of them with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated, when it is necessary or advisable to do so in order to properly develop, produce and operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, or when to do so would promote the conservation of oil and gas in and under and that may be produced from said leased premises. Units pooled for oil and gas hereunder shall not exceed forty (40) acres each in area, provided that should governmental authority having jurisdiction prescribe or permit the creation of units larger than those specified (including, for example, for a horizontal well) for the drilling of a well at a regular location or for obtaining maximum allowable, then Lessee is hereby granted the present right, without the consent of Lessor, to pool up to three six-hundred twenty forty (320640) acres plus a maximum acreage tolerance of ten percent (10%). Lessee, under the provisions hereof, may pool or combine acreage covered by this Lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the Lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this Lease or portions thereof into other units. Lessee shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing the pooled acreage as a pooled unit and Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of the unit in the county records and the timely furnishing of the copies required herein to Lessor the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. In the event of operations for drilling on or production of oil or gas from any pooled unit which includes all or a portion of the land covered by this Lease, such operations shall be considered as operations for drilling on or production of oil and gas from land covered by this Lease whether or not the well or xxxxx be located on the premises covered by this Lease. For the purposes of computing royalties, there shall be allocated to the land covered by this Lease and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be on oil and gas, or either of them, so allocated to the land covered by this Lease and included in the unit just as though such production were from such land. The production from an oil well will be considered as production from this Lease or oil pooled unit from which it is producing and not as production from a gas pooled unit, and production from a gas well will be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation of any unit hereunder shall not have the effect of changing the ownership of any shut-in production payment which may become payable under this Lease. If this Lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as provided above. As used in this paragraph, the words “separate tract” mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premises.

Pooling. Lessee, at its option, is hereby given the right to pool or combine the leased premises or any portion thereof as to oil and gas, or either of them with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated, when it is necessary or advisable to do so in order to properly develop, produce and operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, or when to do so would promote the conservation of oil and gas in and under and that may be produced from said leased premises. Units pooled for oil and gas hereunder shall not exceed forty (40) acres each in area, provided that should governmental authority having jurisdiction prescribe or permit the creation of units larger than those specified (including, for example, for a horizontal well) for the drilling of a well at a regular location or for obtaining maximum allowable, then Lessee is hereby granted the present right, without the consent of Lessor, to pool up to three five hundred twenty (320500) acres plus a maximum acreage tolerance of ten percent (10%). Lessee, under the provisions hereof, may pool or combine acreage covered by this Lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the Lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this Lease or portions thereof into other units. Lessee shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing the pooled acreage as a pooled unit and Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of the unit in the county records and the timely furnishing of the copies required herein to Lessor the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. In the event of operations for drilling on or production of oil or gas from any pooled unit which includes all or a portion of the land covered by this Lease, such operations shall be considered as operations for drilling on or production of oil and gas from land covered by this Lease whether or not the well or xxxxx be located on the premises covered by this Lease. For the purposes of computing royalties, there shall be allocated to the land covered by this Lease and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be on oil and gas, or either of them, so allocated to the land covered by this Lease and included in the unit just as though such production were from such land. The production from an oil well will be considered as production from this Lease or oil pooled unit from which it is producing and not as production from a gas pooled unit, and production from a gas well will be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation of any unit hereunder shall not have the effect of changing the ownership of any shut-in production payment which may become payable under this Lease. If this Lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as provided above. As used in this paragraph, the words “separate tract” mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premises.

Pooling. Lessee, at its option, is hereby given the right to pool or combine the leased premises or any portion thereof as to oil and gas, or either of them with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated, when it is necessary or advisable to do so in order to properly develop, produce and operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, or when to do so would promote the conservation of oil and gas in and under and that may be produced from said leased premises. Units pooled for oil and gas hereunder shall not exceed forty (40) acres each in area, provided that should governmental authority having jurisdiction prescribe the creation of units larger than those specified (including, for example, for a horizontal well) for the drilling of a well at a regular location or for obtaining maximum allowable, then Lessee is hereby granted the present right, without the consent of Lessor, a pooled unit thereafter created may conform in size with those prescribed by governmental regulations but not to pool up to three exceed one hundred twenty (320100) acres plus a maximum acreage tolerance of ten percent (10%)without Lessor’s consent. Lessee, under the provisions hereof, may pool or combine acreage covered by this Lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. To the extent possible and reasonably practical, Lessee shall form a unit including only City acreage. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the Lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this Lease or portions thereof into other units. Lessee shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing the pooled acreage as a pooled unit and Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of the unit in the county records and the timely furnishing of the copies required herein to Lessor the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. In the event of operations for drilling on or production of oil or gas from any pooled unit which includes all or a portion of the land covered by this Lease, such operations shall be considered as operations for drilling on or production of oil and gas from land covered by this Lease whether or not the well or xxxxx be located on the premises covered by this Lease. For the purposes of computing royalties, there shall be allocated to the land covered by this Lease and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be on oil and gas, or either of them, so allocated to the land covered by this Lease and included in the unit just as though such production were from such land. The production from an oil well will be considered as production from this Lease or oil pooled unit from which it is producing and not as production from a gas pooled unit, and production from a gas well will be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation of any unit hereunder shall not have the effect of changing the ownership of any shut-in production payment which may become payable under this Lease. If this Lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as provided above. As used in this paragraph, the words “separate tract” mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premises. Notwithstanding anything to the contrary herein, no unit may be formed that contains less than 50% acreage from the leased premises.

Pooling. Lessee, at its option, is hereby given the right to pool or combine the leased premises or any portion thereof as to oil and gas, or either of them with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated, when it is necessary or advisable to do so in order to properly develop, produce and operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, or when to do so would promote the conservation of oil and gas in and under and that may be produced from said leased premises. Units pooled for oil and gas hereunder shall not exceed forty (40) acres each in areaarea and units pooled for gas shall not exceed six hundred forty (640) acres, provided that should plus an acreage tolerance of 10%, unless a governmental authority having jurisdiction prescribe the creation of units larger than those specified (including, for example, for a horizontal well) for the drilling of a well at a regular location or for obtaining maximum allowable, then Lessee is hereby granted the present right, without the consent of Lessor, right to pool up to three hundred twenty (320) acres plus a maximum acreage tolerance of ten percent (10%)form such prescribed units. Lessee, under the provisions hereof, may pool or combine acreage covered by this Lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the Lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this Lease or portions thereof into other units. Notwithstanding anything herein to the contrary, any portion of the leased premises included within a validly formed unit, pursuant to Paragraph 4, shall not terminate and shall be deemed a retained tract. Lessee shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing the pooled acreage as a pooled unit and Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of the unit in the county records and the timely furnishing of the copies required herein to Lessor the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. In the event of operations for drilling on or production of oil or gas from any pooled unit which includes all or a portion of the land covered by this Lease, such operations shall be considered as operations for drilling on or production of oil and gas from land covered by this Lease whether or not the well or xxxxx be located on the premises covered by this Lease. For the purposes of computing royalties, there shall be allocated to the land covered by this Lease and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be on oil and gas, or either of them, so allocated to the land covered by this Lease and included in the unit just as though such production were from such land. The production from an oil well will be considered as production from this Lease or oil pooled unit from which it is producing and not as production from a gas pooled unit, and production from a gas well will be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation of any unit hereunder shall not have the effect of changing the ownership of any shut-in production payment which may become payable under this Lease. If this Lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as provided above. As used in this paragraph, the words “separate tract” mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premises.

Pooling. Lessee, at its option, is hereby given the right to pool or combine the leased premises or any portion thereof as to oil and gas, or either of them with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated, when it is necessary or advisable to do so in order to properly develop, produce and operate said leased premises in compliance with the spacing rules of the appropriate lawful authority, or when to do so would promote the conservation of oil and gas in and under and that may be produced from said leased premises. Units pooled for oil and gas hereunder shall not exceed forty (40) acres each in area, provided that should governmental authority having jurisdiction prescribe or permit the creation of units larger than those specified (including, for example, for a horizontal well) for the drilling of a well at a regular location or for obtaining maximum allowable, then Lessee is hereby granted the present right, without the consent of Lessor, to pool up to three six hundred twenty forty (320640) acres plus a maximum acreage tolerance of ten percent (10%). Lessee, under the provisions hereof, may pool or combine acreage covered by this Lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the Lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this Lease or portions thereof into other units. Lessee shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing the pooled acreage as a pooled unit and Lessee shall provide Lessor with a copy of any and all documents filed with any regulatory authority or recorded in the records of any county within thirty (30) days of filing such documents. Upon the recordation of the unit in the county records and the timely furnishing of the copies required herein to Lessor the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. In the event of operations for drilling on or production of oil or gas from any pooled unit which includes all or a portion of the land covered by this Lease, such operations shall be considered as operations for drilling on or production of oil and gas from land covered by this Lease whether or not the well or xxxxx be located on the premises covered by this Lease. For the purposes of computing royalties, there shall be allocated to the land covered by this Lease and included in said unit (or to each separate tract within the unit if this Lease covers separate tracts within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be on oil and gas, or either of them, so allocated to the land covered by this Lease and included in the unit just as though such production were from such land. The production from an oil well will be considered as production from this Lease or oil pooled unit from which it is producing and not as production from a gas pooled unit, and production from a gas well will be considered as production from this Lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation of any unit hereunder shall not have the effect of changing the ownership of any shut-in production payment which may become payable under this Lease. If this Lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this Lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as provided above. As used in this paragraph, the words “separate tract” mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premises.