<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.
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<br />4
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