Well Operations. If the interest of the Owner in a Lease (together with any interest owned by the Manager and its Affiliates) entitle the Owner to appoint the Operator of the property, then Owner shall take such actions as are necessary to designate the Manager (or its designated Affiliate) as the Operator and the Manager (or its designated Affiliate) shall use its reasonable commercial efforts to assist the Owner to take such actions as are necessary to designate the Manager (or its designated Affiliate) as the Operator of such property, which designation shall be pursuant to either (i) the operating agreement currently in effect with respect to a property acquired by the Owner or (ii) if any of such properties are not currently operated pursuant to an operating agreement, an operating agreement (which is based on a modified form of operating agreement issued by the American Association of Petroleum Landmen), including C▇▇▇▇ (which is based on a form issued by the Counsel for Petroleum Accountants Societies of North America), in the form attached hereto as Exhibit D, with such additions or modifications thereto as the Manager determines to be necessary or appropriate for the particular Assets to be subject thereto or for the operations to be conducted thereon, and provided that the consideration payable to the Manager (or its designated Affiliate) pursuant to such operating agreement shall not exceed the compensation determined by the General Partner to be payable to third parties for similar operator services in the applicable geographic area of the applicable Assets subject to the operating agreement. To the extent any of the Services described herein are duplicative of services to be provided by the Manager or any of its Affiliates under any joint operating agreement or other agreement, then the Manager shall so advise Owner of such duplicative services, and, unless Owner and the Manager otherwise mutually agree, no additional obligations will be incurred or implied by any of the terms of this Agreement, and such joint operating agreements or other agreement (and not this Agreement) will govern the terms of such services. Neither the Manager nor any designated Affiliate will act as drilling contractor and provide contract drilling operations for any W▇▇▇▇ on behalf of Owner.
Appears in 1 contract
Sources: Management Services Agreement (American Energy Capital Partners, LP)
Well Operations. If the interest of the Owner in a Lease (together with any interest owned by the Manager and its Affiliates) entitle entitles the Owner to appoint the Operator of the property, then Owner shall take such actions as are necessary to designate the Manager (or its designated Affiliate) as the Operator and the Manager (or its designated Affiliate) shall use its reasonable commercial efforts to assist the Owner to take such actions as are necessary to designate the Manager (or its designated Affiliate) as the Operator of such property, which designation shall be pursuant to either (i) the operating agreement currently in effect with respect to a property acquired by the Owner or (ii) if any of such properties are not currently operated pursuant to an operating agreement, an operating agreement (which is based on a modified form of operating agreement issued by the American Association of Petroleum Landmen), including C▇▇▇▇ (which is based on a form issued by the Counsel for Petroleum Accountants Societies of North America), in the form attached hereto as Exhibit D, with such additions or modifications thereto as the Manager determines to be necessary or appropriate for the particular Assets to be subject thereto or for the operations to be conducted thereon, and provided that the consideration payable to the Manager (or its designated Affiliate) pursuant to such operating agreement shall not exceed the compensation determined by the General Partner to be payable to third parties for similar operator services in the applicable geographic area of the applicable Assets subject to the operating agreement. To the extent any of the Services described herein are duplicative of services to be provided by the Manager or any of its Affiliates under any joint operating agreement or other agreement, then the Manager shall so advise Owner of such duplicative services, and, unless Owner and the Manager otherwise mutually agree, no additional obligations will be incurred or implied by any of the terms of this Agreement, and such joint operating agreements or other agreement (and not this Agreement) will govern the terms of such services. Neither the Manager nor any designated Affiliate will act as drilling contractor and provide contract drilling operations for any W▇▇▇▇ on behalf of Owner.
Appears in 1 contract
Sources: Management Services Agreement (American Energy Capital Partners, LP)