T N E S S E T H that in consideration of the premises and mutual promises hereinafter set forth, the parties hereto agree as follows:
T N E S S E T H. RECITALS
T N E S S E T H. In consideration of the mutual covenants hereinafter contained, it is hereby agreed by and between the parties hereto as follows:
T N E S S E T H. ARTICLE I
T N E S S E T H. A. BACKGROUND AND OBJECTIVES
T N E S S E T H. That in consideration of the premises and the mutual covenants hereinafter contained, the Fund and the Administrator agree as follows:
T N E S S E T H. That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, as applicable, covenant and agree as follows:
T N E S S E T H. THAT, WHEREAS, the Developer has proposed to undertake development activity upon a certain parcel of land, identified as Tax Parcel # , situate in the City and has caused to be made a comprehensive development plan, which plan is entitled “ ”, prepared by , under date of , 20 , with revision dates of , 20 ; , 20 ; and , 20 ; which plan is hereinafter referred to as the “Plan”;
T N E S S E T H. Assignor, in consideration of the sum of Ten and No/100 Dollars ($10.00) in hand paid, and other good and valuable consideration, and of the other agreements of Assignee herein contained, the receipt and sufficiency of which are hereby acknowledged, does hereby transfer, assign and convey unto Assignee, subject to the exceptions, reservations, conditions and other provisions hereinafter set out, all of Assignor’s right, title and interest in and to the leasehold and contractual working interest rights in and to the Oil and Gas Leases described on Exhibit “A attached hereto,such lease(s) being hereinafter sometimes referred to as “the Leases”, and in the "Contracts" as such term is defined in the Agreement (as hereinafter defined), INSOFAR AND ONLY INSOFAR as the Leases and Contracts cover the Mississippi formation underlying lands described in Exhibit “A”, limited to production therefrom from xxxxx drilled by Assignee thereon after the Effective Date. The Mississippi formation is defined as the stratigraphic equivalent of all depths between 4,982 feet and 5,391 feet, inclusive, as shown on the Log-Tech Dual Compensated Porosity log dated February 22, 2007 for the Xxxxxxx #3-20 well (API #15-033-21490-0000) located near the center of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 20, Township 31 South, Range 17 West (SE/4SE/4NW/4NE/4 Sec. 20-31s-17w), Comanche County, Kansas. Subject to the terms and conditions of the Leases, this Assignment shall be for a term commencing on the Effective Date and ending December 29, 2014, and shall terminate in all respects upon the expiration of such term. This Assignment is delivered pursuant, and is made expressly subject, to the terms and conditions of that certain Agreement for Purchase of Term Assignment dated February 22, 2013, by and between Berexco LLC, et al., and Pacific Energy Development MSLLLC, which agreement is on file in the office of Berexco LLC at 0000 X. Xxxxxxxxxxx, Xxxxxxx, XX 00000 (the “Agreement”). Assignor and Assignee intend that the terms of the Agreement remain separate and distinct from, and not merge into, the terms of this Assignment. To the extent of any conflict between the terms and conditions of this Assignment and the Agreement, the terms of the Agreement shall govern and prevail. Assignor hereby reserves unto Assignor and excepts from this Assignment:
T N E S S E T H. This Agreement is to facilitate reimbursement payments to STATE from COMMISSION pursuant to the attached Amended Agreement and to also confirm the processing of requests for reimbursements from those utilities that will incur reimbursable costs and expenditures as previously identified by STATE. This Agreement has been made necessary due to the determination by STATE that it may not directly reimburse these utilities under the laws of Alabama and that COMMISSION shall be required to enter into XXXX No. 1 agreements with both Alabama Power Company (distribution and transmission) and the City of Tuscaloosa in order for these utilities to be reimbursed for approved utility relocation costs and expenditures as shown are the attached Exhibits B, C, and D. This agreement is further required to provide for the payment by COMMISSION to STATE for reimbursement of roughly $187,000 costs and expenditures it has incurred to date (prior to the determination made which required the change in this reimbursement process.) SECTION ONE. In regards to the Amended Agreement Project I, described as SR-69 South from Plantation Road to I-59, STATE agrees that ALDOT’s West Central Regional Office shall review for approval of content and project compliance all requests from the utilities identified by this Agreement that may seek utility relocation reimbursements. The identified utilities shall make such reimbursement requests on forms approved by STATE (normally used when reimbursements would be submitted for payment by STATE.) Once reviewed and approved, the West Central Regional Office will provide the approved reimbursement submission to COMMISSION for processing and payment pursuant to its agreements with each utility. STATE and COMMISSION agree that no reimbursements to utilities shall be paid without this prior review and approval by the West Central Regional Office.
