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<br />e <br /> <br />. <br /> <br />(h) Neither Lessee nor Lessee's affiliate shall have the <br />right to reinject or store oil, gas or other hydrocarbons produced <br />from said land into any underground reservoir or formation in or <br />under the land described herein. <br /> <br />(i) The term Lessee, as used in this Paragraph 4, means and <br />includes the original Lessee named in this lease and all assignees, <br />heirs, successors and other persons who at any time become owners <br />of said lease or of any right to own, share or receive in kind, <br />the production or the proceeds from the gas, oil or other liquid <br />hydrocarbons produced from the land covered by this lease other <br />than as Lessors under this lease, and those whose interest con- <br />stitutes a portion of the royalties herein provided or whose <br />royalty interest is deductible from such royalties. Any such <br />royalty owner, at its option, shall be entitled to have the royalty <br />interest accruing to such royalty owner calculated upon the royalty <br />basis herein set forth as if one of the Lessors herein. The term <br />"affiliate of Lessee" as herein used, means and includes any part- <br />ner, joint venturer, creditor, agent or representative of Lessee; <br />any firm or corporation that, at the time in question, is a subsid- <br />iary or parent firm of Lessee; any firm or corporation which has <br />the same parent firm or corporation as or substantially the same <br />officers or' directors as Lessee; any firm or corporation in which <br />any officers, directors, stockholders, partners, joint venturers, <br />agents or representatives of Lessee own controlling interest; or <br />any person, firm or corporation which owns a controlling interest <br />in the capital stock or interest of Lessee. <br /> <br />In addition to the foregoing definition of "affiliate of <br />Lessee", it is understood and agreed that if any oil, gas or other <br />liquid hydrocarbons or any portion thereof produced from the land <br />described herein is delivered or sold to any person or entity and <br />subsequently the same or any portion thereof is redelivered or re- <br />sold to Lessee, or an affiliate of Lessee, then within the meaning <br />of this lease, and for the purposes of calculating the royalty <br />hereunder, the person or entity to which such oil, gas or other <br />liquid hydrocarbons are delivered or sold, shall be regarded as an <br />"affiliate of Lessee". In addition to the foregoing, if Lessee or <br />an affiliate of Lessee receives, purchases or uses all or any <br />portion of the oil, gas or other liquid hydrocarbons which were <br />produced from the land covered by this lease which was obtained <br />after Lessee, or an affiliate of Lessee, has sold, transferred or <br />delivered to a party, not an affiliate of Lessee, at such time; or <br />if Lessee, or an affiliate of Lessee, obtains by purchase in ex- <br />change or in a trade or exchange, gas, oil or other liquid <br />hydrocarbons of a similar nature to those produced or reasonably <br />suited to the use to which the production from the land covered <br />hereby could be put, then in that event, the gas, oil or other <br />liquid hydrocarbons obtained shall'be treated for all purposes <br />under this Paragraph 4 as if same had remained in hands of Lessee; <br />or an affiliate of Lessee. <br /> <br />(j) Notwithstanding anything herein to the contrary contained, <br />it is expressly stipulated that Lessor, at Lessor's option, and <br />from time to time, upon thirty (3Q) days prior written notice to <br />Lessee, may elect to take in kind any of its royalty share of gas, <br />oil or other hydrocarbons produced hereunder, and to separately <br />sell, use or dispose of same or any portion thereof. In the event <br />Lessor so elects to take in kind all or a portion of its royalty <br />share of any mineral or production, Lessor shall install the <br />necessary additional facilities at Lessor's cost and expense. Any <br />contract entered into by Lessee for the sale of gas, oil or other <br />liquid hydrocarbons produced shall be subject to and express that <br />it is subject to Lessor's right to take in kind. Lessor may <br />exercise such right to take in kind from time to time, and also <br />may countermand same from time to time on like written notice. <br /> <br />4 <br />