Your no warranty clause should say something to the effect: This lease is executed by Lessor without any representations or warranties (of title, or otherwise), either statutory, express or implied. Lessee accepts this lease subject to all recorded matters affecting Lessor’s interest in the Premises. In the event of failure of title, and this lease covers less than the entire and undivided fee simple mineral (oil and gas only) estate (whether Lessor’s interest is specified or not), or no interest therein, then the royalties accruing from any part as to which this lease covers less than such full interest, including minimum royalties, will be paid only in the proportion which the interest therein, if any, covered by this lease, bears to the whole and undivided fee simple estate therein; provided, however, that no portion of any bonus consideration paid by Lessee to Lessor for Lessor’s execution of this lease will be re-paid or refunded by Lessor to Lessee.
Your Division Order clause should say something to the effect: The execution of division orders will never be required as prerequisite for payment of royalty or any other sum under this lease. Division orders or transfer orders, if executed, will be solely for the convenience of the parties for the purpose of confirming the extent of Lessor’s interest in production of oil and gas from the Premises. No term or provision of this lease will be altered, amended, extended or ratified by any division order or transfer order. Any amendment, alteration, extension or ratification of this lease or of any term or provision of this lease will be made by an instrument in writing clearly denominated as to its purpose and effect, describing the specific terms or provisions of the lease affected and the proposed change or modification, and executed by the party against whom the amendment, alteration, extension or ratification is sought to be enforced, and any purported amendment, alteration, extension or ratification not so drafted and executed will be of no force or effect.
On the addendum, I have
- This exhibit A takes precedence.
- Liquids and gas only. 3.Additional property.
- Further acts.
- Counterparts. 6.Geographic pugh clause.
- Shut in royalty limitation.
- Lease memorandum.
- Operations. 10.Free royalty.
- Depth Severance.
- Option to extend. Sorry if thats TMI!!! I reaal y cant express my appreciation to you all for helping me so much!!! Thank you all again!!!
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Our bonus is $500.00 per net acre for 3 years with option for 2 more years with another $500.00 bonus, with 25% royalty. And no production cost.