Notice of confidentiality rights: if you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records – your social security number or your driver’s license number


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NameNotice of confidentiality rights: if you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records – your social security number or your driver’s license number
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12. Without limitation of any of the foregoing provisions or any other provision of this lease, Lessee agrees to exercise its rights to use the surface of the land in such manner and to locate all roads, pipelines and other structures which it has the right to locate on said land under the provisions of this lease at such locations so as to reduce the interference with the use of said land for ranching purposes on uncultivated land and for farming purposes on cultivated land to the extent reasonably practicable, and, without limitation, Lessee further agrees to consult with the owner or owners of the surface regarding location of all wells, tank battery sites, roads, pipelines and other improvements and when and where geophysical operations are going to be conducted, and, to the extent reasonably practicable, to locate the same at locations satisfactory to the owners of the surface and conduct geophysical operations at times which do not unreasonably interfere with the use of the surface for ranching purposes on uncultivated land, or for farming purposes, on cultivated land. Lessee agrees to notify the surface owners or their designated representatives for purposes of receiving such notices prior to coming on the land for purposes of surveying, staking a location, or commencing any operations, including, but not limited to, drilling operations and construction of pipelines, tank batteries and their pads, burying electric power lines, conducting geophysical operations of any kind and, without limitation, all other operations of every nature whatsoever, except that this provision shall not require notice during the course of any operations provided that notice shall have first been given prior to the commencement of such operation and further shall not require any notice of routine pumping and other operations on producing wells after production is obtained, as distinguished from reworking, deepening, plugging, or other similar major operations. Each such notice shall specify approximately when Lessee or Lessee’s employees or contractors will come on the land and, if the land upon which they are to come is uncultivated land, the point at which they will enter, and in any event the place where such operation is to be conducted, and if any entry on uncultivated land is to be made, such notice shall be given sufficiently in advance to enable the surface owner or tenant to make adequate provisions to protect any livestock on the premises. If Lessee, in exercise of any of Lessee’s rights under this lease, shall cut any fence, Lessee will immediately notify the surface owner or owners, and shall restore such fence to a condition which, to the reasonable satisfaction of such surface owner or owners, is equal to that of its condition prior to such cut. Should Lessee or any of its contractors cut any fence and fail to give such notice and/or fail to repair such fence in accordance with the provisions of this lease, any such owner shall have the option of repairing such fence and charging all repairs to Lessee, and Lessee, in such event, shall pay to the surface owner or owners, according to their interest, upon demand, all costs and expenses incurred by such surface owner or owners in repairing such fence, as well as all damages which may have been incurred by any surface owner or tenant as a result of any livestock escaping through a cut made by Lessee in any fence.

13. Lessee agrees that Lessee or its assigns shall not have the right to take or use fresh water from said land for purposes of drilling, fracing, producing or secondary recovery operations for the production of minerals or any other purpose without obtaining prior written consent of the owner of the surface. Lessee shall give to Lessor a right of first refusal to sell water to Lessee for any drilling or reworking operations on any of the land described above in which such Lessor owns any interest in the surface, and shall not purchase water elsewhere for use on such well or in such operation for a price which equals or exceeds the price or on terms which are less onerous to the Lessor than those which have been offered to Lessee. Payment for all water so purchased shall be made within thirty (30) days after the end of the calendar month during which such water has been so purchased. All payments for water not paid when due shall bear interest from the date when they are due until paid as the highest non usurious rate applicable law.

14. Lessee agrees, upon completion of any producing well or abandonment of any dry hole, to either remove from the premises and/or put back down into the wellbore in full compliance with any and all rules of the Railroad Commission of Texas or other governmental agency having jurisdiction of the premises permitting such material to be put back into the hole, and/or Lessee may bury in the pit at such depth that the top of such material is at least 6 feet beneath the surface of the ground, the contents of the pits, plastic liners, drilling mud and all foreign objects placed or used on or in connection with all pits, and upon abandonment of any well which has once produced or abandonment of any dry hole to remove all caliche or other substance which may have been placed on the well location site or any tank battery site or other facility made in connection therewith, and further, upon abandonment of any road and, upon termination of this Lease for any reason, to remove all caliche or other substance which may have been placed on each road constructed by Lessee hereunder and ,in any such event, to restore the premises to its former condition, with the top soil on top of the ground, as nearly as is possible to do so.

15. All pipelines, flow lines, power lines and communications lines which may be placed on said land pursuant to this Lease shall be buried so that the top of such line is more than 48” below the surface of the ground.

16. Lessee shall not, in any operation under this Lease, deposit or allow to be deposited on cultivated lands of Lessor any rock or any piece of caliche having a diameter of more than 2".

17. In laying pipelines or burying power or communications lines on cultivated lands, the surface soil shall be removed separately for the full width of the trench for such line to a depth of not less than 12" or the depth of the topsoil, whichever is less, and such topsoil shall be replaced on top of the backfill for such trench. Whenever Lessee removes rocks or caliche from a trench for a pipeline or communications line located on said land, Lessee shall place all such rock and caliche back into the trench at least 12" below the surface elevation or, in its discretion, Lessee may remove such rock and caliche from said land. Rock, as defined herein, shall not include sand or gravel or rocks less than 2" in diameter. After the construction of any pipeline, power line or communications line, and after any excavation in connection with the maintenance, repair or removal of any of them, the surface of the ground including, but without limitation to any extent, the contour of the ground, shall be restored as nearly as practical to the original condition with the topsoil on top of the ground and maintained so that neither wind nor water erosion results from such pipeline or buried power or communication line, or any of the activities of Lessee hereunder.

18. It is agreed that none of Lessee's employees, agents, contractors nor any person coming upon said land with permission of Lessee or in connection with the exercise by Lessee of any of the rights granted herein shall have the right to hunt or fish upon land of Lessor, nor shall any of them have any right to take upon the premises any firearm of any character, or any bow and arrow or other equipment designed to be used for hunting, or any dog or other animal or any fishing equipment or equipment designed to be used in fishing.

19. Lessee agrees, in all operations hereunder, to take reasonable industry-standard measures to protect the soil and all fresh water bearing strata against damage or pollution as a result of salt water, oil or drilling chemicals escaping, leaking, or being deposited into such soil or water bearing strata.

20. Lessee agrees that all drill sites, well locations and other portions of the surface of the land used or occupied by Lessee shall at all times be kept free and clear of weeds and noxious vegetation and that Lessee will use reasonable diligence to maintain the same so as to prevent damage to adjoining lands.


22. All sums of money payable to Lessors or to the surface owners under this Lease, including but not limited to, any damages payable for breach of any covenant of this Lease by Lessee, shall be payable in Howard or Borden County, Texas.

23. This Lease covers all interest in said land which Lessor has the right to lease. Lessor makes no representation as to the interest owned by Lessor or covered by this Lease. Lessor agrees that if Lessor has been paid a larger bonus than the bonus Lessor is entitled to be paid for the interest owned by Lessor, lessor will, upon demand, repay to Lessee the excess of the amount of the bonus actually paid to Lessor over and above the bonus which lessor was entitled to receive.

24. If this lease is held by production or operations at the end of the primary term (nothing in this paragraph shall be deemed to extend the primary term in the event it is not extended by operations or production in accordance with the other terms of this lease), Lessee agrees, after the expiration of the primary term of this Lease, to continuously develop all lands then covered by this Lease without allowing a period of more than 120 days to elapse between the completion of one well and the commencement of actual drilling on the next succeeding well. The first such continuous development well shall be due within 120 days after the end of the primary term or within 120 days after the completion of any well which is being drilled at the end of the primary term, whichever is the later date. Completion of a producing well for purposes of this provision shall be the date of the official Railroad Commission potential test on said well or the expiration of a period of thirty (30) days during which no good faith operations for drilling, testing or completing such well have been conducted, whichever is the earlier time, and completion of a dry hole for such purpose shall be the date when a well is plugged and abandoned, or the expiration of a period of thirty (30) days during which there have been no good faith operations for drilling or testing or plugging and abandoning such well, whichever is the earlier time. Whenever, after the end of the primary term of this Lease, regardless of the number of wells which have been drilled and regardless of whether any more wells can be drilled on land covered by this Lease in any formation in which production has been obtained, Lessee fails to commence actual drilling of another well within 120 days after completion of a prior continuous development well required under this paragraph, this Lease shall terminate except insofar as it covers the proration unit for each then producing well as defined below (the “proration unit”).

The proration unit for any vertical well shall be the smallest size upon which such well can be lawfully drilled or operated under the rules of the Texas Railroad Commission, without regard to the fact that a larger proration allowable might be authorized for a well on a larger tract, and shall extend to 100 feet below the total depth to which any well has been drilled on the land. The proration unit for a horizontally drilled well (hereinafter called a “horizontal well”) shall be limited to 100 feet below the base of the formation into which the well has been horizontally drilled and shall be of the minimum size determined by Rule 86 promulgated by the Texas Railroad Commission or any equivalent rule in the future. No more area shall be included in such proration unit than the minimum size allowed under the calculations prescribed by such rule for such well. There shall be separate proration units for each well as to any formation into which a horizontal well has been horizontally drilled.

No proration unit for any well shall be of such size as to allow the drilling of any additional well into any formation from which such well is producing or has ever produced at the time the proration unit for such well becomes a separate lease for the purposes provided in this numerical paragraph.
After such partial termination, the lease on each proration unit held by a producing well shall, for the purpose of determining its maintenance in force by production or operations, be treated as if it were a separate lease from the lease covering the proration unit allocable to each other well, so that this Lease shall, thereafter, as to each such proration unit, remain in force only so long as oil or gas is produced from such proration unit or the lease is maintained in force under some of the other provisions of this Lease as to such proration unit, treated as if this Lease covered only such proration unit.

If, at any time after the lease partially terminates under the continuous development provisions of this paragraph, the applicable rules of the Railroad Commission of Texas or other governmental agency having jurisdiction in the premises are changed so that an additional well or wells could be drilled for production from the formation from which a well is producing at the time of such partial termination on the acreage which was held by such well at such time, Lessee shall commence the actual drilling of an additional well on any of the land then covered by this Lease (considering all of the above described land which is still then covered by this Lease as covered by one lease, notwithstanding the fact that it has become treated as separate leases by virtue of the earlier provisions of this paragraph) within 120 days after such rules and regulations are so changed, and shall continue to drill additional wells on land covered by this Lease (treating this Lease as one lease as to all land then covered, notwithstanding the fact that it is treated as separate leases for other purposes under the earlier provisions of this paragraph as to acreage allocated to each well) without more than 120 days elapsing between the completion of one well and commencement of actual drilling on the next succeeding well, with each such well to be drilled with due diligence and to a depth sufficient to fully test the formation from which the existing producing well is producing, and whenever, regardless of how many wells shall have been drilled or whether or not any more wells can be drilled on such land into such formation, Lessee shall fail to commence actual drilling of an additional well within 120 days after completion of a previous well on such land, this Lease shall terminate insofar as it covers all land except the then proration unit for each then producing well (but it shall remain in force as to such acreage so allocated to each such well as to all depths as to which it was in force prior to the change in the acreage allocated to a producing well for proration allowable purposes which brought into action the necessity for drilling additional wells under this paragraph).

If a gas well is completed on this Lease and after the end of the primary term it is ever reclassified as an oil well, or if a gas well is completed and one or more oil wells is also drilled on land which is held by such gas well after the time for partial termination of this Lease as above provided, and such gas well then ceases to produce gas or is reclassified as an oil well, Lessee shall, within 120 days after such gas well is reclassified as an oil well or is plugged and abandoned, as the case may be, commence the actual drilling of an additional well on acreage formerly held by such gas well and shall continue to drill additional wells without cessation of more than 120 days between completion of one well and commencement of actual drilling of the next, each of which wells shall be drilled with due diligence to a depth sufficient to fully test any formation from which oil is being produced on such unit or to the depth of such gas well or to actual production of oil or gas in paying quantities, if no oil is in fact being produced on such unit at such time. Whenever, regardless of how many wells shall have been drilled on such acreage or whether or not any other wells can be drilled into the objective formation under applicable regulations, Lessee shall fail to commence actual drilling of an additional well with 120 days after completion of a prior well on the land formerly held by such gas well, this Lease shall terminate insofar as it covers all acreage previously held by such gas well except the proration unit for each producing well (for either oil or gas) on such acreage, but shall remain in force as to all depths as to which it was previously in force at the time when such gas well was plugged and abandoned or reclassified as to all land in the tract formerly held by such gas well as to which this Lease still remains in force.

The only penalty for failure to commence drilling or complete any well required hereunder shall be the partial termination of this Lease.

In event of a partial termination of this Lease under the provisions hereof, Lessee, upon request of Lessor, shall execute and deliver unto Lessor a good an sufficient partial release of this Lease as to all lands and depth as to which it shall have expired under the provisions hereof.

A well drilled on a pooled unit which includes any land covered by this Lease shall be considered a well drilled on land covered by this Lease for purposes of determining compliance with the continuous development provisions of this paragraph.

If and so long as there are no applicable rules and regulations of the Railroad Commission of Texas or any other governmental agency having jurisdiction in the premises which prescribe the size of units for proration allowable purposes in the field where a well is located, it shall be deemed for purposes of this provision that the land located for proration allowable purposes to an oil well producing from 9,000 feet or less is 40 acres, to an oil well producing below 9,000 feet is 80 acres, and to a gas well is 160 acres. Larger units may be formed for horizontal wells, the size of such horizontal well units shall be determined by Rule 86 promulgated by the Texas Railroad Commission or any equivalent rule in the future In the event field rules are later established by the Railroad Commission of Texas or any governmental agency having jurisdiction of the premises which allow smaller proration allowable units for any well, then it shall be deemed that rules have been changed so as to permit the drilling of more wells in the formation in which such well is drilled, and the provisions of this lease applicable in such circumstances shall become applicable.

The definition of “actual drilling”, “actual reworking” and “operations” contained in Paragraph 5 shall apply to those terms as used in this paragraph.

All references to this lease in this paragraph shall be deemed to mean the separate lease covering parts of the land covered by this lease or, if the land is pooled, the separate lease consisting of the land and depths included in the unit into which such land is pooled or unitized only.
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