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<br />. <br /> <br />e <br /> <br />municipal, 'State or Federal, without Lessor's written consent, then <br />this lease shall constitute a separate lease as to any portion in <br />such pooled or unitized area and operations upon or production from <br />such portion shall not maintain this lease in force as to that <br />portion of said land not so pooled or unitized. Lessor agrees that <br />its consent to the pooling of all or portions of the land described <br />above will not be withheld if the proposed pool or unit conforms to <br />the following criteria: <br /> <br />(a) An oil unit does not exceed 40 acres in surface area, <br /> <br />(b) A gas unit does not exceed 160 acres in surface, from <br />surface to 8,000 feet, or 320 acres in surface area for <br />all depths below 8,000 feet1 <br /> <br />(c) The unit is limited to the geological stratum or strata <br />in whi~h the well is completed and producing1 <br /> <br />(d) The unit is reasonably compact in shape with the width not <br />exceeding twice the length1 <br /> <br />(e) The unit will automatically terminate at such time as no <br />drilling or reworking operations are being conducted <br />thereon or production is being obtained therefrom for a <br />period exceeding sixty (60) consecutive days, and <br /> <br />(f) At least one-half (1/2) of the acreage included in each <br />such unit shall be acreage which is covered by this leaseJ <br />provided, however, that if at any time the remaining <br />acreage which is neither included in an existing unit nor <br />allocated to a drilling unit, with respect to a well <br />capable of producing oil or gas in commercial quantities, <br />is insufficient to comprise one-half of a proposed unit to <br />be created pursuant to paragraph 21 hereof, then such a <br />unit may nevertheless be formed if it includes all of such <br />remaining acreage then covered by this lease. <br /> <br />Each such unit shall be deemed a well tract or unit under <br />Section 3. above. Whenever the term "from the land described hereinR <br />or similar language is used, it is understood that operations for <br />drilling a new well, reworking operations (including deepening or <br />sidetracking) on a previously drilled well or production of oil, gas <br />and other hydrocarbons from a well located within the confines of a <br />unit approved or consented to by Lessor shall be deemed operations <br />on or production from the lands described herein or the premises <br />leased herein. <br /> <br />22. PRODUCTION PURCHASE CONTRACTS: Notwithstanding anything <br />herein contained to the contrary, it is understood and agreed that <br />prior to entering into the sale of any oil, condensate, other liquid <br />hydrocarbons, gas, casinghead gas, or other gaseous substances <br />produced hereunder, Lessee shall furnish Lessor a true copy of the <br />production purchase contract(s) which Lessee proposes to enter into <br />and Lessor shall have fifteen (15) days after receipt to notify <br />Lessee that the terms of such contract(s) are unacceptable to . <br />Lessor. If such notice is given, Lessor shall have sixty (60) days <br />from the date of such notice to provide Lessee a copy of a <br />production purchase contract which is acceptable to Lessor and for <br />which there is a willing and able purchaser. If Lessor fails to <br />give notice or to submit an alternative production contract(s) and <br />purchaser(s) within the sixty (60) day period, it is understood and <br />agreed that any sale of production attributable to the leased <br />premises under such contract furnished by Lessee will be deemed to <br />have been made at market value and that Lessee shall have exercised <br />due diligence as the fiduciary agent for Lessor in the marketing of <br />all products produced under the terms of this lease and committed to <br />such contract. <br /> <br />11 <br />