Terms and lessee payment new TX law

Can anyone give me guidance under this provision on a lease? I was told it was put in die to a new law protection the Company leasing the land in case it’s sold to someone else?

  1. Upon commencement of the Primary Term, any production of oil or gas from the leased premises, or from other lands pooled therewith or otherwise combined with the leased premises within a proration unit allocated for production allowable purposes under the rules and regulations of the Railroad Commission of the State of Texas, shall constitute production of oil and gas under the terms of this lease, whether or not caused by Lessee. By way of illustration (and not limitation), it is agreed that if one of Lessee’s co-tenants, if any, were producing oil and gas from a well on the leased premises, or on lands pooled therewith, which Lessee had not drilled, contributed drilling costs thereto, or otherwise participated in the drilling thereof, production from such well would constitute production by Lessee under the terms of this lease, and would satisfy Lessee’s obligation to cause production of oil and/or gas from the leased premises so as to perpetuate or maintain this lease in its secondary term. Lessee shall be permitted to delay payment of any and all royalties due under the terms of the Lease if such royalties are due to Lessor as a result of a producing well in which Lessee did not participate in drilling. Said royalty payments may be delayed until such time as Lessee receives, as a result of the interest covered by the Lease, its proportionate share of the revenues from such well and such revenues equal an amount sufficient to pay Lessor all of its royalties accrued to that date, or two years, whichever is shorter. Notwithstanding the delay, in no event shall Lessor receive less than the full amount of royalties accrued under the terms of the Lease.

This appears to be written by an oil company in response to Cimarex / Anadarko case, not due to a Texas statute. It seems to allow your lessee to hold your lease even if it does not participate as a working interest in a well drilled by another company. Be vary wary of the language that allows your lessee to delay any royalty payments until the well pays out. The well might never payout and you will get nothing. Keep in mind that oil companies generally present you with lease forms which are one-sided in their favor. You need to consult an oil and gas attorney for a review the entire lease and recommendations of changes.

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Thanks TennisDaze . You are so helpful. I know many of us would not understand this stuff if not for you !!

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Thank you for the replies. I went directly to the operator Diamond back, and they were in the works to sending a lease for 7 tracks not just 2! I now understand smaller guys flip the lease after they get it signed to ensure they get a piece of the pie. Disgusting, but true. Thanks again for The info. It was most helpful! Best, S Dillard

Wow. Just reading these provisions raise my hackles. I would not agree to have them in my lease language; I don’t need the cash bonus that much. JimB

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