Common use of Response to Notice Clause in Contracts

Response to Notice. Within 30 days after receipt of the notice, each Party within the Participating Area or Drilling Block shall advise Unit Operator or all other Parties therein whether or not it wishes to participate in Drilling the proposed well or xxxxx. If the proposal includes multiple xxxxx as permitted under Article 31, a Party’s election to participate or not to participate in Drilling shall apply to all xxxxx in the proposal; and a Party may not elect to participate in Drilling less than all of the proposed xxxxx. If any Party fails to give advice within the 30-day period, it shall be deemed to have elected not to participate in Drilling the proposed well or xxxxx. If Parties having sufficient interests to approve the Drilling, as provided in Section 14.2, do not advise that they wish to participate in Drilling the proposed well or xxxxx, then the proposal shall be deemed to be rejected. If Parties having sufficient interests to approve the Drilling, as provided in Section 14.2, advise that they wish to participate in Drilling the proposed well or xxxxx, then the proposal shall be deemed to be approved. In this event, Unit Operator shall Drill the well or xxxxx for the account of all Parties within the Participating Area or Drilling Block and all such Parties shall be committed to participate therein, provided the operations for the Drilling of the proposed well (or in the case of multiple xxxxx, the drilling of the first of the proposed xxxxx) are commenced within the time period hereafter set forth, and Unit Operator shall, no later than one year after expiration of the notice period of 30 days (or as promptly as practicable after the expiration of the 48-hour period when a drilling rig is on location, as the case may be), actually commence the proposed operation and thereafter complete it (and conduct operations on all other xxxxx contained in the proposal) with due diligence at the risk and expense of the Parties participating therein; provided, however, the commencement date may be extended upon written notice of same by Unit Operator to the other Parties, for a period of up to 30 additional days if, in the sole opinion of Unit Operator, such additional time is reasonably necessary to obtain permits from governmental authorities, surface rights (including rights-of-way) or appropriate drilling equipment, or to complete title examination or curative matters required for title approval or acceptance. If actual operations for the Drilling of the proposed well (or in the case of multiple xxxxx, the Drilling of the first of the proposed xxxxx) have not been commenced within the time provided (including any extension thereof as specifically permitted herein or in the force majeure provisions of Section 32.16) and if any Party hereto still desires to conduct the operation, written notice proposing the same must be resubmitted to the other Parties in accordance herewith as if no prior proposal had been made. If actual operations for the Drilling of a multiple well proposal have been commenced within the time provided, but operations cannot be commenced on a particular well or xxxxx to complete the multiple well Drilling proposal within a reasonable period of time after approval of the proposals, then the undrilled well or xxxxx shall be withdrawn from the proposal and may be re-proposed as part of a subsequent Drilling proposal. Notwithstanding the foregoing, if the proposed operations are commenced more than six months after acceptance of the proposal and the estimated costs have increased by more than 25%, then the proposing party shall initiate a new proposal reflecting the increase in estimated costs.

Appears in 1 contract

Samples: Unit Operating Agreement (Warren Resources Inc)

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Response to Notice. Within 30 10 days after receipt the establishment of the noticeDrilling Block, each Party within the Participating Area or Drilling Block shall advise Unit Operator or all other Parties therein whether or not it wishes to participate in Drilling the proposed well or xxxxx. If the proposal includes multiple xxxxx as permitted under Article 31Section 30.1, a Party’s 's election to participate or not to participate in Drilling shall apply to all xxxxx in the proposal; and a Party may not elect to participate in Drilling less than all of the proposed xxxxx. If any Party fails to give advice within the 3010-day period, it shall be deemed to have elected not to participate in Drilling the proposed well or xxxxx. If all Parties having sufficient interests to approve within the Drilling, as provided in Section 14.2, do not Drilling Block advise that they wish to participate in Drilling the proposed well or xxxxx, then the proposal shall be deemed to be rejected. If Parties having sufficient interests to approve the Drilling, as provided in Section 14.2, advise that they wish to participate in Drilling the proposed well or xxxxx, then the proposal shall be deemed to be approved. In this event, Unit Operator shall Drill the well or xxxxx for the account of all such Parties. All Parties within that elect to participate in the Participating Area or Drilling Block and all such Parties proposed operation shall be committed to participate therein, therein provided the operations for the Drilling of the proposed well (or in the case of multiple xxxxx, the drilling Drilling of the first of the proposed xxxxx) are commenced within the time period hereafter set forth, and Unit Operator shall, no later than one year 90 days after expiration of the notice period of 30 days (or as promptly as practicable after the expiration of the 48-hour period when a drilling rig is on location, as the case may be), actually commence the proposed operation and thereafter complete it (and conduct operations on all other xxxxx contained in the proposal) with due diligence at the risk and expense of the Parties participating therein; provided, however, the commencement date may be extended upon written notice of same by Unit Operator to the other Parties, for a period of up to 30 additional days if, in the sole opinion of Unit Operator, such additional time is reasonably necessary to obtain permits from governmental authorities, surface rights (including rights-of-way) or appropriate drilling equipment, or to complete title examination or curative matters matter required for title approval or acceptance. If actual operations for the Drilling drilling of the proposed well (or in the case of multiple xxxxx, the Drilling of the first of the proposed xxxxx) have not been commenced within the time provided (including any extension thereof as specifically permitted herein or in the force majeure provisions of Section 32.1629.10) and if any Party hereto still desires to conduct the operation, written notice proposing the same must be resubmitted to the other Parties in accordance herewith as if no prior proposal had been made. If actual operations for the Drilling of a multiple well proposal have been commenced within the time provided, provided but operations cannot be commenced on a particular well or xxxxx to complete the multiple well Drilling proposal within a reasonable period of time after approval of the proposalsproposal, then the undrilled well or xxxxx shall be withdrawn from the proposal and may be re-proposed reproposed as part of a subsequent Drilling proposal. Notwithstanding the foregoing, if the proposed operations are commenced more than six months after acceptance of the proposal and the estimated costs have increased by more than 25%, then the proposing party shall initiate a new proposal reflecting the increase in estimated costs.

Appears in 1 contract

Samples: Operating Agreement (Warren Resources Inc)

Response to Notice. Within 30 10 days after receipt the establishment of the noticeDrilling Block, each Party within the Participating Area or Drilling Block shall advise Unit Operator or all other Parties therein whether or not it wishes to participate in Drilling the proposed well or xxxxx. If the proposal includes multiple xxxxx as permitted under Article Section 31, a Party’s election to participate or not to participate in Drilling shall apply to all xxxxx in the proposal; and a Party may not elect to participate in Drilling less than all of the proposed xxxxx. If any Party fails to give advice within the 3010-day period, it shall be deemed to have elected not to participate in Drilling the proposed well or xxxxx. If all Parties having sufficient interests to approve within the Drilling, as provided in Section 14.2, do not Drilling Block advise that they wish to participate in Drilling the proposed well or xxxxx, then the proposal shall be deemed to be rejected. If Parties having sufficient interests to approve the Drilling, as provided in Section 14.2, advise that they wish to participate in Drilling the proposed well or xxxxx, then the proposal shall be deemed to be approved. In this event, Unit Operator shall Drill the well or xxxxx for the account of all such Parties. All Parties within that elect to participate in the Participating Area or Drilling Block and all such Parties proposed operation shall be committed to participate therein, therein provided the operations for the Drilling of the proposed well (or in the case of multiple xxxxx, the drilling Drilling of the first of the proposed xxxxx) are commenced within the time period hereafter set forth, and the Unit Operator shall, no later than one year after expiration of the notice period of 30 days (or as promptly as practicable after the expiration of the 48-hour period when a drilling rig is on location, as the case may be), actually commence the proposed operation and thereafter complete it (and conduct operations on all other xxxxx contained in the proposal) with due diligence at the risk and expense of the Parties participating therein; provided, however, the commencement date may be extended upon written notice of same by Unit Operator to the other Parties, for a period of up to 30 additional days if, in the sole opinion of Unit Operator, such additional time is reasonably necessary to obtain permits from governmental authorities, surface rights (including rights-of-way) or appropriate drilling equipment, or to complete title examination or curative matters required for title approval or acceptance. If actual operations for the Drilling drilling of the proposed well (or in the case of multiple xxxxx, the Drilling of the first of the proposed xxxxx) have not been commenced within the time provided (including any extension thereof as specifically permitted herein or in the force majeure provisions of Section 32.16) and if any Party hereto still desires to conduct the operation, written notice proposing the same must be resubmitted to the other Parties in accordance herewith as if no prior proposal had been made. If actual operations for the Drilling of a multiple well proposal have been commenced within the time provided, but operations cannot be commenced on a particular well or xxxxx to complete the multiple well Drilling proposal within a reasonable period of time after approval of the proposalsproposal, then the undrilled well or xxxxx shall be withdrawn from the proposal and may be re-proposed as a part of a subsequent Drilling proposal. Notwithstanding the foregoing, if the proposed operations are commenced more than six months after acceptance of the proposal and the estimated costs have increased by more than 25%, then the proposing party shall initiate a new proposal reflecting the increase in estimated costs.

Appears in 1 contract

Samples: Unit Operating Agreement (Warren Resources Inc)

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Response to Notice. Within 30 days after receipt of the notice, each Party within the Participating Area or Drilling Block participating area shall advise Unit Operator or all other Parties therein whether or not it wishes to participate in Drilling the proposed well or xxxxx. If the proposal includes multiple xxxxx as permitted under Article 31Section 30.1, a Party’s 's election to participate or not to participate in Drilling shall apply to all xxxxx in the proposal; and a Party may not elect to participate in Drilling less than all of the proposed xxxxx. If any Party fails to give advice within the 30-day period, it shall be deemed to have elected not to participate in Drilling the proposed well or xxxxx. If Parties having sufficient interests to approve the Drilling, Drilling as provided in Section 14.2, 14.2 do not advise that they wish to participate in Drilling the proposed well or xxxxx, then the proposal shall be deemed to be rejected. If Parties having sufficient interests to approve the Drilling, Drilling as provided in under Section 14.2, 14.2 advise that they wish to participate in Drilling the proposed well or xxxxx, then the proposal shall be deemed to be approved. In this event, Unit Operator shall Drill the well or xxxxx for the account of all Parties within the Participating Area or Drilling Block participating area and all such Parties shall be committed to participate therein, therein provided the operations for the Drilling of the proposed well (or in the case of multiple xxxxx, the drilling of the first of the proposed xxxxx) are commenced within the time period hereafter set forth, and Unit Operator shall, no later than one year 90 days after expiration of the notice period of 30 days (or as promptly as practicable after the expiration of the 48-hour period when a drilling rig is on location, as the case may be), actually commence the proposed operation and thereafter complete it (and conduct operations on all other xxxxx contained in the proposal) with due diligence at the risk and expense of the Parties participating therein; provided, however, the commencement date may be extended upon written notice of same by Unit Operator to the other Parties, for a period of up to 30 additional days if, in the sole opinion of Unit Operator, such additional time is reasonably necessary to obtain permits from governmental authorities, surface rights (including rights-of-way) or appropriate drilling equipment, or to complete title examination or curative matters matter required for title approval or acceptance. If actual operations for the Drilling of the proposed well (or in the case of multiple xxxxx, the Drilling of the first of the proposed xxxxx) have not been commenced within the time provided (including any extension thereof as specifically permitted herein or in the force majeure provisions of Section 32.1629.10) and if any Party hereto still desires to conduct the operation, written notice proposing the same must be resubmitted to the other Parties in accordance herewith as if no prior proposal had been made. If actual operations for the Drilling of a multiple well proposal have been commenced within the time provided, provided but operations cannot be commenced on a particular well or xxxxx to complete the multiple well Drilling proposal within a reasonable period of time after approval of the proposals, then the undrilled well or xxxxx shall be withdrawn from the proposal and may be re-proposed reproposed as part of a subsequent Drilling proposal. Notwithstanding the foregoing, if the proposed operations are commenced more than six months after acceptance of the proposal and the estimated costs have increased by more than 25%, then the proposing party shall initiate a new proposal reflecting the increase in estimated costs.

Appears in 1 contract

Samples: Operating Agreement (Warren Resources Inc)

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