Common use of Pre-existing Rights Clause in Contracts

Pre-existing Rights. Grantee's rights hereunder shall not cover and shall be subject to existing, valid oil and gas leases or other agreements for oil and gas development (such as operating agreements or exclusive geophysical agreements) whose effective date predates the Effective Date of this EGA ("Prior Agreements"). Grantee must conduct business with said prior lessees or contractees separately and apart from this EGA. Should any said Prior Agreements terminate as to all depths, either fully or partially, before the end of the Initial Term, or the Option Term, if activated, Grantee shall have the right to conduct 3D geophysical operations on said acreage of the terminated Prior Agreements subject to the following: (i) if Grantee has already entered into an agreement with the Prior Agreement party before termination and paid for the right to conduct geophysical surveying across the acreage subject to the Prior Agreement, Grantee shall not be required to pay Grantor any further fee to conduct geophysical surveying on said acreage once the Prior Agreement has terminated, either totally or in part; (ii) however, if Grantee has not entered into an agreement with the Prior Agreement party, then Grantee shall pay Grantor an additional fee of ($ ) multiplied by the number of terminated acres of the Prior Agreement. Additionally, there shall exist a buffer zone of one-half (½) mile around each pre-existing mineral lease or operating agreement, or portion thereof, within the geographical area covered by this EGA. The Grantee shall have the right, concurrent with, but separate from the right of each such preexisting mineral Lessee, during the Initial Term, or the Option Term, if activated, to perform 3D or other more advanced forms of seismic shooting and acquisition within the buffer zone and/or to nominate acreage within the buffer zone for mineral leasing, by public bid, which leasing nomination shall be subject to the size restrictions set by the Board.

Appears in 2 contracts

Samples: Exclusive Geophysical Agreement, Exclusive Geophysical Agreement

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Pre-existing Rights. GranteeXxxxxxx's rights hereunder shall not cover and shall be subject to existing, valid oil and gas leases or other agreements for oil and gas development (such as operating agreements or exclusive geophysical agreements) whose effective date predates the Effective Date of this EGA ("Prior Agreements"). Grantee Xxxxxxx must conduct business with said prior lessees or contractees separately and apart from this EGA. Should any said Prior Agreements terminate as to all depths, either fully or partially, before the end of the Initial Term, or the Option Term, if activated, Grantee shall have the right to conduct 3D geophysical operations on said acreage of the terminated Prior Agreements subject to the following: (i) if Grantee has already entered into an agreement with the Prior Agreement party before termination and paid for the right to conduct geophysical surveying across the acreage subject to the Prior Agreement, Grantee shall not be required to pay Grantor any further fee to conduct geophysical surveying on said acreage once the Prior Agreement has terminated, either totally or in part; (ii) however, if Grantee has not entered into an agreement with the Prior Agreement party, then Grantee shall pay Grantor an additional fee of ($ ) multiplied by the number of terminated acres of the Prior Agreement. Additionally, there shall exist a buffer zone of one-half (½) mile around each pre-existing mineral lease or operating agreement, or portion thereof, within the geographical area covered by this EGA. The Grantee shall have the right, concurrent with, but separate from the right of each such preexisting mineral Lessee, during the Initial Term, or the Option Term, if activated, to perform 3D or other more advanced forms of seismic shooting and acquisition within the buffer zone and/or to nominate acreage within the buffer zone for mineral leasing, by public bid, which leasing nomination shall be subject to the size restrictions set by the Board.

Appears in 1 contract

Samples: Exclusive Geophysical Agreement

Pre-existing Rights. GranteeXxxxxxx's rights hereunder shall not cover and shall be subject to existing, valid oil and gas leases or other agreements for oil and gas development (( such as operating agreements or exclusive geophysical agreements) whose effective date predates the Effective Date of this EGA (agreement ( "Prior Agreements"). Grantee must conduct business deal with said prior lessees or contractees separately and apart from this EGAagreement. Should any said Prior Agreements terminate as to all depths, either fully or partially, before the end of the Initial Term, or the Option Term, if activated, Grantee shall have the right to conduct 3D geophysical operations on said acreage of the terminated Prior Agreements subject to the following: (i) if Grantee has already entered into an agreement with the Prior Agreement party before termination and paid for the right to conduct geophysical surveying across the acreage subject to the Prior Agreement, Grantee shall not be required to pay Grantor any further fee to conduct geophysical surveying on said acreage once the Prior Agreement has terminated, either totally or in part; , but (ii) however, if Grantee has not entered into an agreement with the Prior Agreement party, then Grantee shall pay Grantor an additional fee of ($ ) stipulated as the per acre Seismic Fee as set forth above in Article 1, multiplied by the number of terminated acres of the Prior Agreement. Additionally, there shall exist a buffer zone of one-half (½) mile around each pre-existing mineral lease or operating agreement, or portion thereof, within the geographical area covered by this EGAAgreement. The Grantee grantee shall have the right, concurrent with, but separate from the right of each such preexisting mineral Lessee, during the Initial Term, or the Option Term, if activated, to perform 3D or other more advanced forms of seismic shooting and acquisition within the buffer zone and/or to nominate acreage within the buffer zone for mineral leasing, by public bid, which leasing nomination shall be subject to the size restrictions set by the Board.

Appears in 1 contract

Samples: Exclusive Geophysical Agreement

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Pre-existing Rights. Grantee's rights hereunder shall not cover and shall be subject to existing, valid oil and gas leases or other agreements for oil and gas development (( such as operating agreements or exclusive geophysical agreements) whose effective date predates the Effective Date of this EGA (agreement ( "Prior Agreements"). Grantee must conduct business deal with said prior lessees or contractees separately and apart from this EGAagreement. Should any said Prior Agreements terminate as to all depths, either fully or partially, before the end of the Initial Term, or the Option Term, if activated, Grantee shall have the right to conduct 3D geophysical operations on said acreage of the terminated Prior Agreements subject to the following: (i) if Grantee has already entered into an agreement with the Prior Agreement party before termination and paid for the right to conduct geophysical surveying across the acreage subject to the Prior Agreement, Grantee shall not be required to pay Grantor any further fee to conduct geophysical surveying on said acreage once the Prior Agreement has terminated, either totally or in part; , but (ii) however, if Grantee has not entered into an agreement with the Prior Agreement party, then Grantee shall pay Grantor an additional fee of ($ ) stipulated as the per acre Seismic Fee as set forth above in Article 1, multiplied by the number of terminated acres of the Prior Agreement. Additionally, there shall exist a buffer zone of one-half (½) mile around each pre-existing mineral lease or operating agreement, or portion thereof, within the geographical area covered by this EGAAgreement. The Grantee grantee shall have the right, concurrent with, but separate from the right of each such preexisting mineral Lessee, during the Initial Term, or the Option Term, if activated, to perform 3D or other more advanced forms of seismic shooting and acquisition within the buffer zone and/or to nominate acreage within the buffer zone for mineral leasing, by public bid, which leasing nomination shall be subject to the size restrictions set by the Board.

Appears in 1 contract

Samples: Exclusive Geophysical Agreement

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