Common use of Seismic Clause in Contracts

Seismic. Burlington will conduct, at its sole risk and expense, a seismic program to acquire new seismic data as set forth in this Article 2 and identified in red on Exhibit "A" within the Gamma Ray Unitized Area. Burlington will acquire approximately 23 line miles of new seismic data as part of its Seismic Commitment within the Gamma Ray Unitized Area. Burlington will pay for all costs and will own the data. Burlington will attempt to permit, shoot and acquire such seismic data no later than November 15, 2001. Burlington shall complete the, processing and interpretation of the acquired seismic data by February 1, 2002. In the event Burlington is unable to permit, shoot and acquire the 2-D seismic data in its entirety by November 15, 2001 because of delays in permitting and winter range stipulations, Burlington will resume acquisition of the seismic data as soon as possible after April 30, 2002 and complete acquisition of the remaining data by June 15, 2002. Burlington shall complete the processing and interpretation of any seismic data acquired after April 30, 2002, if any, by August 30, 2002. Burlington will advise the Participants, in writing, of contemplated parameters prior to acquisition and processing of the data. Burlington will manage all phases of the seismic program and will present prints, Mylar and tapes of the final stack seismic sections and migrated versions; copies of all field data, including digital field reels, observers note, surveyors notes, and shot hole drill logs (if dynamite sourced to each of the Participants within 30 days after Burlington's receipt thereof. Upon fourteen (14) days written request Participant shall have the right to review and receive a copy of Burlington's current interpretation of the seismic results. All data provided under the Unitized Area shall include a complete image, whether stacked or migrated. The Participants' use of such data will be governed by the License Agreement attached hereto as Exhibit "B." The Participants agree that the information and data furnished hereunder shall not be disclosed, traded, transferred, sold, loaned or otherwise made available in any form to any third party, provided that: (a) data may be made available by a Participants to contractors, consultants, and engineering firms hired by such Participants for the purpose of evaluation of the data for the Participant's internal use; (b) data may be made available by a Participants in the Participant's offices to a third party evaluating the possible acquisition of all or a portion of the Participant's interest subject to this Agreement; (c) data may be shown to, and copies thereof provided to, governmental agencies having jurisdiction to the extent required by applicable law or regulation, provided that if a Participants discloses the same, such Participants shall promptly advise Burlington, in writing, the full details of each demand, order or request for such data, to whom disclosure is to be made, and the law or regulation requiring disclosure, and shall take all actions and assist in taking all actions as permitted by applicable laws and regulations to object to such disclosures and require the confidential treatment of the data which must be disclosed: (d) Participants may not show, trade, sell or otherwise disclose the data to any person or party not permanently employed by such Participants, without the express written consent of Burlington, except as provided for in subparagraphs (a) and (b) above. Notwithstanding any of the foregoing, in the event such data is shown to any third party by a Participants, the third party must execute a written contract agreeing to be bound by the confidentiality provisions of this Agreement. Each Participant shall maintain all information and data furnished or made available to it in strictest confidence, and shall not permit any third party to review such data except in accordance with the terms hereof. BURLINGTON DOES NOT MAKE ANY GUARANTEE AS TO THE ACCURACY OF THE SEISMIC DATA AND DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. PARTICIPANTS WILL HAVE SOLE RESPONSBILITY FOR ANY ACTIONS TAKEN BY IT, OR BY OTHERS RELYING ON ITS ADVICE, BASED ON THE SEISMIC DATA AND INTERPRETATIONS. For any mile of seismic Burlington shoots that is less than the Seismic Commitment, as of June 15, 2002, Burlington will pay Participants the sum of $10,000 per line mile, however the payment will satisfy Burlington's Seismic Commitment under this Agreement.

Seismic. Burlington will conduct, at its sole risk and expense, a seismic program to acquire new seismic data as set forth in this Article 2 and identified in red on Exhibit "A" within the Gamma Ray Muddy Creek Unitized Area. Burlington will acquire approximately 23 35 line miles of new seismic data as part of its Seismic Commitment within the Gamma Ray Muddy Creek Unitized Area. Burlington will pay for all costs and will own the data. Burlington will attempt to permit, shoot and acquire such seismic data no later than November 15, 2001. Burlington shall complete the, processing and interpretation of the acquired seismic data by February 1, 2002. In the event Burlington is unable to permit, shoot and acquire the 2-D seismic data in its entirety by November 15, 2001 because of delays in permitting and winter range stipulations, Burlington will resume acquisition of the seismic data as soon as possible after April 30, 2002 and complete acquisition of the remaining data by June 15, 2002. Burlington shall complete the processing and interpretation of any seismic data acquired after April 30, 2002, if any, by August 30, 2002. Burlington will advise the Participants, in writing, of contemplated parameters prior to acquisition and processing of the data. Burlington will manage all phases of the seismic program and will present prints, Mylar and tapes of the final stack seismic sections and migrated versions; copies of all field data, including digital field reels, observers note, surveyors notes, and shot hole drill logs (if dynamite sourced to each of the Participants within 30 days after Burlington's receipt thereof. Upon fourteen (14) days written request Participant shall have the right to review and receive a copy of Burlington's current interpretation of the seismic results. All data provided under the Unitized Area this Agreement shall include a complete image, whether stacked or migrated. The Participants' use of such data will be governed by the License Agreement attached hereto as Exhibit "B." The Participants agree that the information and data furnished hereunder shall not be disclosed, traded, transferred, sold, loaned or otherwise made available in any form to any third party, provided that: (a) data may be made available by a Participants to contractors, consultants, and engineering firms hired by such Participants for the purpose of evaluation of the data for the Participant's internal use; (b) data may be made available by a Participants in the Participant's offices to a third party evaluating the possible acquisition of all or a portion of the Participant's interest subject to this Agreement; (c) data may be shown to, and copies thereof provided to, governmental agencies having jurisdiction to the extent required by applicable law or regulation, provided that if a Participants discloses the same, such Participants shall promptly advise Burlington, in writing, the full details of each demand, order or request for such data, to whom disclosure is to be made, and the law or regulation requiring disclosure, and shall take all actions and assist in taking all actions as permitted by applicable laws and regulations to object to such disclosures and require the confidential treatment of the data which must be disclosed: (d) Participants may not show, trade, sell or otherwise disclose the data to any person or party not permanently employed by such Participants, without the express written consent of Burlington, except as provided for in subparagraphs (a) and (b) above. Notwithstanding any of the foregoing, in the event such data is shown to any third party by a Participants, the third party must execute a written contract agreeing to be bound by the confidentiality provisions of this Agreement. Each Participant shall maintain all information and data furnished or made available to it in strictest confidence, and shall not permit any third party to review such data except in accordance with the terms hereof. BURLINGTON DOES NOT MAKE ANY GUARANTEE AS TO THE ACCURACY OF THE SEISMIC DATA AND DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. PARTICIPANTS WILL HAVE SOLE RESPONSBILITY FOR ANY ACTIONS TAKEN BY IT, OR BY OTHERS RELYING ON ITS ADVICE, BASED ON THE SEISMIC DATA AND INTERPRETATIONS. For any mile of seismic Burlington shoots that is less than the Seismic Commitment, as of June 15, 2002, Burlington will pay Participants the sum of $10,000 per line mile, however the payment will satisfy Burlington's Seismic Commitment under this Agreement.

Seismic. Burlington will conduct, at its sole risk and expense, a seismic program to acquire new seismic data as set forth in this Article 2 and identified in red on Exhibit "A" within the Gamma Ray CD Unitized Area. Burlington will acquire approximately 23 13 line miles of new seismic data as part of its Seismic Commitment within the Gamma Ray CD Unitized Area. Burlington will pay for all costs and will own the data. Burlington will attempt to permit, shoot and acquire such seismic data no later than November 15, 2001. Burlington shall complete the, processing and interpretation of the acquired seismic data by February 1, 2002. In the event Burlington is unable to permit, shoot and acquire the 2-D seismic data in its entirety by November 15, 2001 because of delays in permitting and winter range stipulations, Burlington will resume acquisition of the seismic data as soon as possible after April 30, 2002 and complete acquisition of the remaining data by June 15, 2002. Burlington shall complete the processing and interpretation of any seismic data acquired after April 30, 2002, if any, by August 30, 2002. Burlington will advise the Participants, in writing, of contemplated parameters prior to acquisition and processing of the data. Burlington will manage all phases of the seismic program and will present prints, Mylar and tapes of the final stack seismic sections and migrated versions; copies of all field data, including digital field reels, observers note, surveyors notes, and shot hole drill logs (if dynamite sourced to each of the Participants within 30 days after Burlington's receipt thereof. Upon fourteen (14) days written request Participant shall have the right to review and receive a copy of Burlington's current interpretation of the seismic results. All data provided under the Unitized Area shall include a complete image, whether stacked or migrated. The Participants' use of such data will be governed by the License Agreement attached hereto as Exhibit "B." The Participants agree that the information and data furnished hereunder shall not be disclosed, traded, transferred, sold, loaned or otherwise made available in any form to any third party, provided that: (a) data may be made available by a Participants to contractors, consultants, and engineering firms hired by such Participants for the purpose of evaluation of the data for the Participant's internal use; (b) data may be made available by a Participants in the Participant's offices to a third party evaluating the possible acquisition of all or a portion of the Participant's interest subject to this Agreement; (c) data may be shown to, and copies thereof provided to, governmental agencies having jurisdiction to the extent required by applicable law or regulation, provided that if a Participants discloses the same, such Participants shall promptly advise Burlington, in writing, the full details of each demand, order or request for such data, to whom disclosure is to be made, and the law or regulation requiring disclosure, and shall take all actions and assist in taking all actions as permitted by applicable laws and regulations to object to such disclosures and require the confidential treatment of the data which must be disclosed: (d) Participants may not show, trade, sell or otherwise disclose the data to any person or party not permanently employed by such Participants, without the express written consent of Burlington, except as provided for in subparagraphs (a) and (b) above. Notwithstanding any of the foregoing, in the event such data is shown to any third party by a Participants, the third party must execute a written contract agreeing to be bound by the confidentiality provisions of this Agreement. Each Participant shall maintain all information and data furnished or made available to it in strictest confidence, and shall not permit any third party to review such data except in accordance with the terms hereof. BURLINGTON DOES NOT MAKE ANY GUARANTEE AS TO THE ACCURACY OF THE SEISMIC DATA AND DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. PARTICIPANTS WILL HAVE SOLE RESPONSBILITY FOR ANY ACTIONS TAKEN BY IT, OR BY OTHERS RELYING ON ITS ADVICE, BASED ON THE SEISMIC DATA AND INTERPRETATIONS. For any mile of seismic Burlington shoots that is less than the Seismic Commitment, as of June 15, 2002, Burlington will pay Participants the sum of $10,000 per line mile, however the payment will satisfy Burlington's Seismic Commitment under this Agreement.