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<br />270fl <br /> <br />. <br /> <br />'e <br /> <br />3. ANNUAL RENTALS: This lease shall terminate one (1). <br />year from this date as to all the leased premises lying outside of a <br />well tract or unit on which there is located a well which is <br />producing or which is capable of producing oil, gas, or other liquid <br />hydrocarbons, unless on or before such anniversary date Lessee shall <br />payor tender to Lessor at BAYSHORE NATIONAL BANK OF LA PORTE, P.O. <br />Box 998, La Porte, Texas 77572-0998, the sum of Fiftv & 00/100------- <br />. Dollars ($ 50.00 ) per acre (herein <br />called Rentals) for all the leased premises lying outside of such <br />well tracts or units, which payment or tender shall continue this <br />lease in force and effect as to all such land for a period of twelve <br />(12) months. <br /> <br />In like manner and upon like payment or tender annually, such <br />termination of all the leased premises lying outside of such well <br />tracts or units may be further deferred for successive periods of <br />twelve (12) months each during the primary term. For purposes of <br />determining rental payable hereunder, such well tracts or units <br />shall be deemed to consist of 40 acres for each oil well or 160 <br />acres for each gas well, as the case may be. Lessee shall not be <br />held in default for failure to make such payment or tender of rental <br />until thirty (30) days after Lessor shall deliver to Lessee written <br />notice designating another address at which to receive the payments <br />or tenders. The cash down payment is consideration for this lease <br />according to its terms and shall not be allocated as a mere rental <br />for a period. <br /> <br />4. ROYALTY: The royalties to be paid by Lessee are: <br /> <br />(a) On oil and condensate or other liquid hydrocarbons <br />produced at the well or at any oil and gas separator of the <br />conventional type, ~ of the entire eight-eighths (8/8) of that <br />produced and saved from the land described herein, free of any <br />expense to Lessor, to be, at Lessor's option, either (1) delivered <br />into the pipelines, tanks or other receptacles to which Lessee may <br />connect Lessee's well or wells for the purpose of storage andlor <br />sale of the oil produced, (2) delivered at the well into tanks or <br />other receptacles provided by Lessor, at Lessor's own expense, (3) <br />purchased by Lessee or any affiliate of Lessee, at the market price <br />being paid on the date of purchase, or (4) sold by Lessee (for <br />Lessor's account) to the purchaser of Lessee's oil if sold by Lessee <br />at the well or on the lease, for the price received by Lessee, or <br />any affiliate of Lessee, for its own oil produced from said land. <br />In no event shall the price paid be less than the market value on <br />the date produced or the price received by Lessee or an affiliate of <br />Lessee, whichever is greater. Provided, however, if the oil and <br />condensate or other liquid hydrocarbons be run through or processed <br />in a plant of the type authorized in sub-paragraph (d) below, the <br />royalty thereon shall be calculated and paid under the terms and <br />provisions of such sub-paragraph (d). <br /> <br />(b) Lessee agrees that before any gas containing recoverable <br />liquid hydrocarbons (except gas run through an absorption plant or <br />other type plant for the extraction of hydrocarbon products as . <br />.authorized in sub-paragraph (d) below) produced from said land is <br />sold or used, if practical and economical, it will be run through an <br />adequate oil and gas separator of the conventional type or other <br />equipment at least as efficient, to the end that as much of such <br />liquid hydrocarbons as can be reasonabl~ recovered from the gas b~ <br />such means will be recovered, without diminishing the BTU rating <br />below the prevailing minimums of the industry for the sale of gas in <br />the area. <br /> <br />2 <br />