- 17 - as a limited term overriding royalty interest, fifty percent (50%) of all of Assignor's [Malibu's] interest in all gas produced, saved, and sold to Assignee [Arkla], if as and when produced, saved, and sold to Assignee but not otherwise, on and after May 1, 1988 from those certain wells specified on Exhibit A attached hereto ("Subject Wells") and by this reference made a part hereof, under the gas purchase agreement between Assignor and Assignee applic- able to the Subject Wells. Assignor further does hereby grant bargain, sell, transfer, set over, convey and deliver unto Assignee an interest in the oil and gas leases and other mineral rights of Assignor within the drilling and spacing unit for each Subject Well sufficient to convey to Assignee the overriding royalty interest above described, the legal description of which unit is more fully described on Exhibit A. The assignment was to last until: such time as the total production attributable to the interest assigned hereunder equals in value that certain total sum stipulated in the "Settlement Agreement" between Assignor and Assignee dated April 25 , 1988, at which time the interest assigned hereunder shall terminate and revert to Assignor. * * * Finally, paragraph 3 of the Settlement Agreement, quoted above, provides that upon Malibu's request, the parties will enter into a Release Agreement in the form attached to the Settlement Agreement as an exhibit. Under the Release Agreement, Malibu and Arkla would agree as follows: 1. Buyer [Arkla] and Seller [Malibu] hereby agree to release from commitment to the Contracts for a primary term commencing May 1, 1988, and extending through June 30, 1990 and continuing on a month to monthPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011