LESSOR'S ROYALTY Sample Clauses

LESSOR'S ROYALTY. Lease royalty amounts vary greatly as well. In the early days of oil, gas and mineral exploration, the typical lease royalty amount was a one-eighth (1/8th). Today, it is rare to see a royalty as small as a 1/8th. More often than not, the lessor’s royalty will range from somewhere between a three-sixteenth 3/16th and a one-fourth 1/4th. The lessor’s royalty amount, like the bonus, often depends on the geographical location and the going rate in that area. Calculating the amount of royalty due has been the subject of numerous cases. While the calculation is relatively straight forward for oil ▇▇▇▇▇ (measurement of the oil produced is easily ascertainable), the case law regarding gas ▇▇▇▇▇ when the lease uses the following or similar language is more involved: : on gas, including casing head gas or other gaseous substance, produced from said land and sold or used off the premises or for the extraction of gasoline or other product therefrom, the market value at the well of one-eighth of the gas so sold or used, provided that on gas sold at the ▇▇▇▇▇ the royalty shall be one-eighth of the amount realized from such sale... Thus, depending on the point of sale, gas royalty is calculated either on “market value” or “the amount realized from such sale.” This interpretation gives the lessee the ability to pay on a percentage of market value if the amount realized by the lessee is more. To temper this result, lessors would be wise to insert a clause such as the following:“[n]otwithstanding Paragraph (Royalty Provision) of this lease, in no event shall Lessor receive a price that is less than the price received by Lessee.” One area where savvy landowners are increasing their net royalty is in disallowing post-production royalty deductions. “Although it is not subject to the costs of production, royalty is usually subject to post-production costs, including taxes, treatment costs to render it marketable, and transportation costs.”6 This general law can be modified by party agreements.7 As such, it is becoming more common to see a provision inserted into the lease by the landowner, which prevents the lessee from deducting post-production costs from the lessor’s royalty. The following is an example of how to draft around current case law: Lessee shall handle and market Lessor’s royalty oil, gas, and hydrocarbons, and products extracted, separated or saved from the gas or residue gas from the Leased Premises, free of costs to Lessor. Lessor’s royalty shall never bear, ei...
View Source
LESSOR'S ROYALTY. (a) As consideration of the premises, Lessor hereby reserves, and Lessee hereby covenants and agrees to pay Lessor, a royalty of fifteen percent (15%) on, and payable solely out of, gross proceeds from the sale of Covered Hydrocarbons as measured at the sales meter from all ▇▇▇▇▇ and shall be free and clear of all operating costs and expenses, provided no royalty shall be due during the first eighteen (18) months from the Lease Date unless and until the royalty which otherwise would have been due during such period would have been Two Hundred Seventy-five Thousand Dollars ($275,000.00). With respect to Covered Hydrocarbons used as allowed under this Lease under Section 22 or by Lessee in its operations, the royalty shall be based on the wellhead price at the time of production for the Covered Hydrocarbons so used. (b) Production royalties shall be paid monthly to Lessor's address set forth in Section 19 within forty-five (45) days after oil, gas or coalbed methane is measured for sale or delivery to a third party. Pursuant to pre-arranged division orders, royalties may be paid by the pipeline company or end users; provided, however, Lessee shall remain principally responsible for the timely payment of all royalties. If Lessee shall not timely pay Lessor any sum of money payable under the provisions of this Lease and such non-payment shall continue for a period of thirty (30) days, Lessee shall, in addition to such payment, pay Lessor interest on the delinquent amount, at the prime rate floating as disclosed from time to time in The Wall Street Journal plus five percent (5%), calculated from the time of such default. This provision shall in no way constitute a waiver of the requirement to pay on time and shall be cumulative and in addition to Lessor's rights either in law or in equity.
View Source

Related to LESSOR'S ROYALTY

  • Production Royalty So long as this Lease is in force, a Production Royalty shall be due Lessor during any period of commercial production from the claims. One hundred percent (100%) of all cumulative Minimum Advance Royalty paid by Lessee and received by Lessor can be deducted from the Production Royalty due Lessor. Production Royalty shall be payable on all minerals regardless of what stage in the milling, refining, upgrading or other processing the minerals may be, which are mined from the claims ("leased substances") and sold to a buyer. Production Royalty shall be calculated and paid as follows: (1) The Production Royalty will be calculated as a percentage of Net Smelter Returns ("NSR"). Net Smelter Returns is defined as the dollar amount actually received by Lessee from the sale of any leased substances less Lessee's actual costs, if any, of (a) transportation to a smelter or refiner, (b) off site refining charges and smelter charges, and (c) charges as described in this section B, subsection 9, related to Lessor taking its royalty in kind from the sale of all leased substances. (2) The Production Royalty on the sale of all leased substances other than gold, silver and platinum shall be three percent (3%) of the Net Smelter Return. (3) The Production Royalty percentage rate for the sale of all gold, silver or platinum contained in leased substances from the claims will be based upon the average daily price of gold on the London Metal Exchange ("LME") for the twenty (20) trading days immediately preceding the date of sale of such leased substances: less than $375 3% greater than $375, but less than $475 4% $475 or more 5% (4) In addition to the Production Royalty payable under subsection B(1) of this Section V, Lessee shall pay to Lessor as Production Royalty hereunder a like percentage of the gross amount paid before any deductions whatsoever of any bonus, subsidy or tax credit (but not any Mining Lease Independence Gold Range 061705 federal income tax depletion allowance available to Lessee) which are calculated directly in proportion to the amount of gold or other metal produced. (5) The Production Royalty payable to Lessor-by Lessee to under this Agreement shall be based solely on the payments actually received by Lessee for leased substances produced from the claims and delivered to a refinery, smelter or other purchaser. Lessee shall have no obligation to account to Lessor, and Lessor shall have no interest or right of participation in, any profits or proceeds of futures contracts, forward sales, hedging or other similar marketing mechanisms used by Lessee concerning any leased substances from the claims. (6) In the event the United States or other public authority imposes the payment of any new royalty on production from the mining claims (whether a gross, net smelter returns, net proceeds, net profits or other form of royalty) the amount of NSR that Lessor would otherwise receive shall be reduced by whatever the amount of royalty imposed by the United States or other public authority, further provided that, the foregoing notwithstanding, in no event shall Lessor's percentage of NSR be reduced below 2.5% as it would have been calculated without deduction of any new royalty on production by the United States or other public authority. (7) Unless taken in kind by Lessor, the Production Royalty shall be determined quarterly on the basis such that payments will be determined as of and payable within forty five (45) days after the last day of each calendar quarter during which Lessee receives any net Smelter returns. (8) It is mutually understood and agreed that Lessor shall have the right and option to take its production royalty in kind in the form in which Lessee sells such leased substances. On or before October 1 of each calendar year commencing with the year 2006, Lessor shall give Lessee written notice of whether Lessor elects to take its production royalty in kind throughout the following calendar year. If Lessor fails to give such notice for the first calendar year in which it is eligible to take its production royalty in kind, Lessor shall be deemed to have elected not to take its production royalty in kind for that calendar year. If Lessor fails to give such notice by October 1st of any subsequent year, the election then in effect will continue throughout the following calendar year. Lessor hereby agrees that each election to take or not to take its production royalty in kind Mining Lease Independence Gold Range 061705 shall remain in effect for calendar year increments and that all persons or entities constituting the Lessor shall be required to make the same election whether or not to take in kind. If Lessor elects to take its production royalty in kind, an account will be established in Lessor's name with any buyers, smelters, refiners or other processors to whom leased substances are shipped from the premises. Such buyers, smelters, refiners or other processors will be instructed to automatically deliver Lessor's share of production to Lessor's account after accounting for the allowable deductions in calculation of Lessor's percentage of NSR. If Lessor elects to take its production royalty in kind, it shall bear all risks associated with taking its production royalty in kind, and shall bear all additional costs incurred by Lessee as a result of Lessor's taking in kind. Such additional costs will be considered a deduction against the NSR and will include but not be limited to increased costs due to separate accounts, pourings, storage, insurance, security, transportation and monitoring. Lessor shall have the right to reasonably inspect procedures used by Lessee to make payment in kind, and at its option, Lessor, or its agent, shall have the right to be present to observe sampling and splitting procedures and to review all records and procedures related to division of leased substances for the purpose of taking in kind.

  • Additional Rent Beginning with the commencement date of the term of this Lease, Tenant shall pay to Landlord in addition to the Basic Rent and as Additional Rent the following: (a) Tenant's proportionate share of all Taxes relating to the Complex as set forth in Paragraph 12, and (b) Tenant's proportionate share of all insurance premiums relating to the Complex, as set forth in Paragraph 15, and (c) Tenant's proportionate share of expenses for the operation, management, maintenance and repair of the Building (including common areas of the Building) and Common Areas of the Complex in which the Premises are located as set forth in Paragraph 7, and (d) All charges, costs and expenses, which Tenant is required to pay hereunder, together with all interest and penalties, costs and expenses including attorneys' fees and legal expenses, that may accrue thereto in the event of Tenant's failure to pay such amounts, and all damages, reasonable costs and expenses which Landlord may incur by reason of default of Tenant or failure on Tenant's part to comply with the terms of this Lease. In the event of nonpayment by Tenant of Additional Rent Landlord shall have all the rights and remedies with respect thereto as Landlord has for nonpayment of rent. The Additional Rent due hereunder shall be paid to Landlord or Landlord's agent (i) within five days for taxes and insurance and within thirty days for all other Additional Rent items after presentation of invoice from Landlord or Landlord's agent setting forth such Additional Rent and/or (ii) at the option of Landlord, Tenant shall pay to Landlord monthly, in advance, Tenant's prorata share of an amount estimated by Landlord to be Landlord's approximate average monthly expenditure for such Additional Rent items, which estimated amount shall be reconciled within 120 days of the end of each calendar year or more frequently if Landlord so elects to do so at Landlord's sole and absolute discretion, as compared to Landlord's actual expenditure for said Additional Rent items, with Tenant paying to Landlord, upon demand, any amount of actual expenses expended by Landlord in excess of said estimated amount, or Landlord crediting to Tenant (providing Tenant is not in default in the performance of any of the terms, covenants and conditions of this Lease) any amount of estimated payments made by Tenant in excess of Landlord's actual expenditures for said Additional Rent items. The respective obligations of Landlord and Tenant under this paragraph shall survive the expiration or other termination of the term of this Lease, and if the term hereof shall expire or shall otherwise terminate on a day other than the last day of a calendar year, the actual Additional Rent incurred for the calendar year in which the term hereof expires or otherwise terminates shall be determined and settled on the basis of the statement of actual Additional Rent for such calendar year and shall be prorated in the proportion which the number of days in such calendar year preceding such expiration or termination bears to 365. See Paragraph 54

  • Rent Except for delinquent rent, all rent under the Company's Leases and other income attributable to the Property shall be apportioned on a per diem basis as of midnight on the date immediately preceding the Closing. All such rent and other income, including commissions earned, for the period preceding the Closing shall be deemed to be property of the applicable Contributors, and all rent and other income for any period commencing as of the Closing and thereafter shall be the property of BNP for the purpose of making the adjustments set forth herein. Amounts owed under this paragraph shall be paid to the party to whom they are owed in cash at the Closing or during the Post-Closing Adjustment Period. Delinquent rent shall not be prorated, but shall be deemed the property of the Contributors. Payments received by BNP from tenants of the Property from and after the Closing with respect to the Property shall be applied first to rents and other amounts then due BNP from such tenant and then to such tenant's delinquent rent as of the time of apportionment. BNP shall use reasonable efforts to collect delinquent rents for the benefit of the Contributors but in no event shall be obligated to evict or ▇▇▇ any tenants in order to collect such rents and shall cooperate with the Contributors in the collection of any delinquent amounts; provided, however, that the Contributors shall not have any rights to evict such tenants for such delinquent amounts. Any amounts received by Contributors on account of rent or other income for the period after the Closing with respect to the Property and the related personal property shall be turned over to BNP for application in accordance with the terms of this paragraph. All accounts receivable, notes, cash and bank accounts of the Company existing as of the Closing Date shall be transferred at Closing to the appropriate Contributors, other than the remaining balance of any escrow accounts for tenant improvements and lease commissions held by the Company, the amount necessary to pay prorations of taxes, security deposits and amounts which belong to BNP after making the closing adjustments for rent and operating expenses.

  • Base Rent Lessee shall pay Base Rent and other rent or charges, as the same may be adjusted from time to time, to Lessor in lawful money of the United States, without offset or deduction, on or before the day on which it is due under the terms of this Lease. Base Rent and all other rent and charges for any period during the term hereof which is for less than one full month shall be prorated based upon the actual number of days of the month involved. Payment of Base Rent and other charges shall be made to Lessor at its address stated herein or to such other persons or at such other addresses as Lessor may from time to time designate in writing to Lessee.

  • THE RENT Rent: £0.00 (zero pounds) per calendar month subject to any further provisions within this Tenancy Agreement Payable: each month in advance